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United Kingdom
United Kingdom
Key definition
Use definition What does Use mean? In legal practice, Use describes any act of dealing with information, materials, works, data or technology. It is usually a contractual umbrella term capturing a broad range of actions, commonly including to distribute, disclose, store, use, analyse, copy, reproduce, extract, modify or adapt, whether in whole or in part. Use is not generally fixed by statute; its scope turns on the wording of the relevant agreement and context. That said, it intersects with specific legal regimes. In intellectual property, “use” of a trade mark in the course of trade (UK Trade Marks Act 1994; Irish Trade Marks Act 1996) and the...
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Admissibility of Accused's Statements in Scots Criminal Trials: Hearsay Exceptions, Police Interviews, ECHR and Statutory Safeguards, Co-Accused, Implied Admissions, Mixed Statements, Special Knowledge Confessions
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Practice notes
As a broad principle, hearsay does not qualify as admissible proof in Scottish criminal proceedings (see, for instance, Introduction: Stair Memorial Encyclopaedia [237]). Yet there are a number of recognised departures from that principle. The first and most straightforward exception in Scots Law permits hearsay to be led simply to demonstrate that a statement occurred (commonly termed primary hearsay). Such material, however, is not receivable as proof at trial of the truth of what was asserted (secondary hearsay). For further detail, see Introduction: Stair Memorial Encyclopaedia [237].
Accordingly, parties may adduce evidence to establish that words were spoken, which may bear upon a person’s Knowledge or serve to account for later conduct; nevertheless, that evidence cannot establish that the content of the utterance was true and accurate. This Practice Note addresses the other main exception to the hearsay prohibition: statements made by the accused person, which are generally always admissible notwithstanding their inherently hearsay character.
Witness statements
As a general position, statements given by an individual while testifying on oath in a different case, whether appearing as a party or as a witness, are admissible against that individual in any later proceedings. For example, if a person makes an admission...
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