ABSTRACT
Hearsay may be defined as any oral or written statement, made by a person other than the maker, which is offered in evidence to prove the truth of the matter asserted. Hearsay 'fiddles' arise when the court deems that evidence that is plainly hearsay is not, in order to avoid an inconvenient result. At common law, sketches and photofits were held to fall outside the scope of the hearsay rule, since they had effectively been made by the witness, who merely directed the hand of the artist or the person compiling the photofit. Under the 2003 Act, different rules apply to multiple hearsay, depending on the form and context in which it is used at trial. Reform of the hearsay rule in civil cases began much earlier and went substantially further than concurrent developments in the criminal arena.
