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the evidence from the hearsay is so unconvincing that given its importance a conviction would be unsafe However, in R v Xhabri [2006] 1 Cr. App. R. 26 the Court of Appeal, when considering an application to admit the previous complaint of a rape victim under Section 120 (see above) stated that even if the previous complaint fell outside the strict construction of Section 120 they would admit the evidence under Section 114(1)(d). Multiple Hearsay (S.121 CJA)

Any special features relevant to the possibility of error (e.g. an identification made by a witness with particularly poor eyesight).This provision is of particular importance to the prosecution as it is the only way of challenging the admissibility of business and other documents tendered by the defence. The test is in favour of admissibility rather than in favour of exclusion. The evidence of what the deceased had said was original evidence as to her state of mind at the time she wrote the notes (that she was not suicidal.) Previous inconsistent statements made by a witness are admissible as evidence of the truth of the matters stated therein under this section. This changes the position at common law whereby an inconsistent statement could only go to the issue of the weight to be attached to the witness' oral evidence and was not evidence of the truth of its contents. The effect of this definition of statement is to enable evidence to be admitted of 'implied assertions'. This reverses the decision in R v Kearley (1992) 2 AC 228 in which police answered telephone calls and personal calls to the defendant's home from people asking about drugs that the defendant had for sale. The prosecution wished to adduce the evidence to prove that the intended recipient of the calls was a dealer in drugs, without evidence from the callers themselves. The House of Lords decided that, as evidence of the fact that the defendant dealt in drugs, the caller's words were hearsay and thus inadmissible.

If the gateway relied on is the death of the witness, the court will move straight to assessing whether the hearsay evidence can be admitted without compromising the fairness of the trial. In the case of the other exceptions then there will need to be some further enquiry to assess whether the relevant condition is met.

Always wear eye protection

Westfall J, Kenny DA, Judd CM. Statistical power and optimal design in experiments in which samples of participants respond to samples of stimuli. J Exp Psychol Gen. 2014;143(5):2020.

A counterbalanced implementation study design provides a promising model for concurrently investigating the success of research implementation strategies across multiple health context areas such as community-acquired pneumonia and nutrition for critically ill patients.

the person is unfit to be a witness because of their bodily or mental condition: Section 116(2)(b);