Role of hearsay evidence in our Fitness to Teach proceedings
There may be cases where, having made or attempted to make contact with a witness, we are unable to secure their cooperation or attendance at a Fitness to Teach hearing, and seeking a court order would be disproportionate or contrary to the public interest in line with the presumptions outlined above. In these cases, we may seek to admit hearsay evidence of the witness.
Hearsay evidence is evidence which has been provided by the ‘main’ witness to a third party. For example, if a witness speaks to a police officer about a crime they have witnessed, their police statement or the police officer’s account of what the witness told them would be hearsay evidence. Hearsay evidence can constitute both oral testimony (for example, witnesses speaking to what other witnesses told them) and written evidence (such as witness statements where the witness is not present to be questioned). A Panel is likely to hear formal submissions on the admissibility of written evidence prior to a hearing commencing. However, the Panel should also be alert to any issues of fairness arising from hearsay evidence being provided by a witness when they are giving evidence in person at a hearing.
As a general rule, hearsay evidence may be admissible within regulatory proceedings, including our Fitness to Teach proceedings. However, the decision as to whether the hearsay evidence is, or is not, admissible will depend on the facts and circumstances of each particular case. The only requirement of evidence used in Fitness to Teach proceedings, as set down in Rule 1.7.17, is that it is relevant and fair. Once hearsay evidence is admitted, it must still be assessed by the panel at a full hearing and careful consideration should be given to the appropriate weight to attach to it. Considerations of admissibility and weight are 2 distinct processes:
- stage 1 – consideration of admissibility. This is considered prior to the admission and hearing of the evidence. The factors to be considered in making decisions of admissibility are detailed within this practice statement.
- stage 2 – consideration of weight to be attributed to evidence. This is considered by a panel at a full hearing, at the time of considering all of the evidence which has been heard and making findings in fact. This process is guided by the Fact-Finding in Fitness to Teach Conduct Cases Practice Statement
There may be cases where, having made or attempted to make contact with a witness, we are unable to secure their cooperation or attendance at a Fitness to Teach hearing, and seeking a court order would be disproportionate or contrary to the public interest in line with the presumptions outlined above. In these cases, we may seek to admit hearsay evidence of the witness.
Hearsay evidence is evidence which has been provided by the ‘main’ witness to a third party. For example, if a witness speaks to a police officer about a crime they have witnessed, their police statement or the police officer’s account of what the witness told them would be hearsay evidence. Hearsay evidence can constitute both oral testimony (for example, witnesses speaking to what other witnesses told them) and written evidence (such as witness statements where the witness is not present to be questioned). A Panel is likely to hear formal submissions on the admissibility of written evidence prior to a hearing commencing. However, the Panel should also be alert to any issues of fairness arising from hearsay evidence being provided by a witness when they are giving evidence in person at a hearing.
As a general rule, hearsay evidence may be admissible within regulatory proceedings, including our Fitness to Teach proceedings. However, the decision as to whether the hearsay evidence is, or is not, admissible will depend on the facts and circumstances of each particular case. The only requirement of evidence used in Fitness to Teach proceedings, as set down in Rule 1.7.17, is that it is relevant and fair. Once hearsay evidence is admitted, it must still be assessed by the panel at a full hearing and careful consideration should be given to the appropriate weight to attach to it. Considerations of admissibility and weight are 2 distinct processes:
- stage 1 – consideration of admissibility. This is considered prior to the admission and hearing of the evidence. The factors to be considered in making decisions of admissibility are detailed within this practice statement.
- stage 2 – consideration of weight to be attributed to evidence. This is considered by a panel at a full hearing, at the time of considering all of the evidence which has been heard and making findings in fact. This process is guided by the Fact-Finding in Fitness to Teach Conduct Cases Practice Statement
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