Hearsay,Confessions and Mobile Telephones

Abstract

This article examines the concepts of hearsay and relevance as they apply to evidence derived from messages and call logs, etc. found on mobile telephones. In some cases such evidence may also raise issues as to the relationship between the statutory rules governing hearsay and those specifically governing confessions by defendants, and in particular their possible use against other defendants who may be incriminated by them.

The Court of Appeal has examined these issues on a number of occasions, notably in the case of R v Twist (2011), but I will argue here that a number of mistakes have been made and some difficulties have been misunderstood or overlooked.