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The burden of proof for establishing that a witness is unavailable for one of the reasons listed above lies on the party seeking to adduce their hearsay evidence. The standard is beyond reasonable doubt for the prosecution and on the balance of probabilities for the defence.
Campbell MK, Piaggio G, Elbourne DR, Altman DG. Consort 2010 statement: extension to cluster Boström AM, Kajermo KN, Nordström G, Wallin L. Barriers to research utilization and research use among registered nurses working in the care of older people: does the BARRIERS scale discriminate between research users and non-research users on perceptions of barriers? Implement Sci. 2008;3:24. Bammer G. Integration and implementation sciences: building a new specialization. Ecol Soc. 2003;10(2):95–107. An expert may give evidence which relies upon the body of expertise relevant in their field. S.114(1)(c) All parties to the proceedings agree to it being admissible Slade SC, Philip K, Morris ME. Frameworks for embedding a research culture in allied health practice: a rapid review. Health Res Policy Syst. 2018;16(1):29.Being unfit because of mental condition does not mean unfit due to mental illness. In R v C(A) [2014] EWCA Crim 371 the Court of Appeal held that the judge was entitled to conclude that the child complainant in a rape case was unfit to give evidence due to the trauma she would suffer. 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.
Doig GS, Heighes PT, Simpson F, Sweetman EA, Davies AR. Early enteral nutrition, provided within 24 h of injury or intensive care unit admission, significantly reduces mortality in critically ill patients: a meta-analysis of randomised controlled trials. Intensive Care Med. 2009;35(12):2018–27. Doig GS, Simpson F, Finfer S, Delaney A, Davies AR, Mitchell I, Dobb G. Effect of evidence-based feeding guidelines on mortality of critically ill adults: a cluster randomized controlled trial. Jama. 2008;300(23):2731–41. G's wife has found hanged in their garage and he claimed she had committed suicide. 3 of her friends gave evidence that she had told then that G had persuaded her to write suicide notes to assist him in a course he was taking on suicide. Marti C, Grosgurin O, Harbarth S, Combescure C, Abbas M, Rutschmann O, Perrier A, Garin N. Adjunctive corticotherapy for community acquired pneumonia: a systematic review and meta-analysis. PLoS One. 2015;10(12):e0144032.
The evidence was adduced to show the fact that offers had been made, not the truth of what was offered. Despite the advantages to conducting a counterbalanced implementation trial presented, there are limitations to applying this study design in some circumstances. The main limitations identified and described below relate to the feasibility and potential sources of bias. Feasibility Whatever the reason for the absence of the witness, evidence relevant to the credibility or consistency of the maker of the statement may be admitted even where the evidence would not have been admissible had the witness given evidence in person. R v Joyce [2005] EWCA 1785:The defendant was positively identified by several witnesses who made detailed statements setting out the certainty of their identification. At trial the witnesses all claimed that they were now uncertain as to their identification, contrary to their previous statements. The clear implication was that the witnesses had been put under pressure to change their evidence. The judge admitted the previous statements as evidence of the original identifications and the jury convicted on the basis that these statements were true. S.120 Previous Consistent Statements
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