See below Essay Example | Topics and Well Written Essays - 4500 words

See below - Essay ExampleThe active appointment of the legislature started from the (DPP v Myers, 1965 AC 1001) case, where the House of Lords, stated, that the no uniform principles were being followed, in the current scenario and the emerging determination of exceptions to hearsay should be left to the legislature.At the very onset, we should state that the Dictionary defines, hearsay as second-hand information. Speaking in legal terms, rumour refers to the testimony given by a control not about what they personally motto or heard but about something, some bingle else saw or said they heard. In legal cases, the use of hearsay has been resorted to include evidence that under different circumstances would not have been admissible in court. However at all times it must(prenominal) be borne in mind that Hearsay must not include, any form of gossip or rumours.To state it in a more simple form, hearsay is according to Sir Auld, an assertion other than one made by a person while g iving oral evidence in the proceeding as evidence as any fact asserted. However, Hearsay is an exclusionary rule of Evidence Law albeit subject area to a multitude of statutory and Common Law exceptions.Tracing the origin of the concept of hearsay leads us to the trial of Sir Walter Raleigh, 1603 where wrongful judgement passed, based on hearsay evidence. It was this wrongful judgement that led the face Jurists to devise hard and fast rules with reference to hearsay evidence. Subsequently, all hearsay evidence was banned on the pretext that they were the admissions of a third party to whom neither the defendant nor the prosecution were privy to.It is obvious that the hearsay rule is intricately interwoven with the concepts of truth and proof and with the credibility, reliability and the memory of the witness in question. Hearsay contains within its womb a very high degree of implication and this implication weighs very intemperately on the minds of the jury before they deliver a v erdict.