Page 386 - 6. 2016 Diary 1st half New 26-05-21 No Table

150,
Simon Cordell’s Skeleton Argument (2) Pdf
' mon Cordell Skeleton Argument (3).pdf
- Time limits
Magistrates' courts (acting in their civil capacity)
Under section 127 of the Magistrates Court Act 1980, a complaint must be made within six
months of the time when the matter of the complaint (the behaviour) arose. One incidence of
serious anti-social behaviour may be sufficient for an order to be made. Earlier incidents may
be used as background information to support a case and show a pattern of behaviour. As
long as the complaint is made within the six-month timeframe, a summons may be served
outside this time period, although delay is not encouraged.
386
151,
Simon Cordell’s Skeleton Argument (2) Pdf
- Use of hearsay and professional witness evidence
Hearsay and professional witness evidence allow for the identities of those too fearful to give
evidence to be protected. This is especially vita! as cases often involve anti-social behaviour
in residential areas by local people and those targeted by the behaviour feel unable to come
forward for fear of reprisals. Hearsay evidence cannot be excluded (at the request of defence
lawyers) simply on the grounds that it is hearsay.
Hearsay evidence
Evidence of anti-social behaviour which occurs at any time after the commencement of
section H may be considered when the court considers whether or not to grant an order on
conviction under section 1C.
The House of Lords judgment in the McCann case confirmed that hearsay evidence is
admissible. Lord Steyn stated that:'1
‘Having concluded that the proceedings in question are civil under domestic law and article
6, it follows that the machinery of the Civil Evidence Act 1995 and the Magistrates’ Courts
(Hearsay Evidence in Cavil Proceedings) Rules 1999 allow the introduction of such evidence
under the first part of section 1.
'... use of the Civil Evidence Act 1995 and the Rules in eases under the first part of section 1
are not in any way incompatible with the Human Rights Act 1998,
‘... hearsay evidence will often be of crucial importance. For my part, hearsay evidence
depending on its logical proactiveness is quite capable of satisfying the requirements of
section 1(1).’
It is a matter for the judge or magistrate to decide what weight they attach to hearsay
evidence. 5 6
Hearsay allows a police officer to provide a statement on behalf of a witness or witnesses
who remain anonymous. Hearsay evidence must be relevant to the matters to be proved. It
could include details such as dates, places, times, specific descriptions of actions, who was
present and who said what.
Hearsay can include evidence from the person taking the statement. The person giving the
hearsay evidence may attest to the observable conditions of the witness, for example that the
witness appeared upset, and may give evidence based on their own judgement of the
situation.
Where an applicant intends to rely on hearsay evidence in the county court, they must act in
accordance with part 33 of the Civil Procedure Rules. Written notice must be given at least
21 days before the hearing to the other party and to the court.
Professional witnesses