416.This section sets out the approach which the courts should take to multiple hearsay. “Multiple hearsay” is where information passes through more than one person before it is recorded.
417.Under the section a hearsay statement is admissible to prove the fact that another statement was made in three circumstances. These are:
Either of the statements is admissible under sections 117 (business documents) 119 (inconsistent statements) or 120 (other previous statement of a witnesses);
All parties to the proceedings agree; or
The court uses its discretion to admit the statement.
418.The test for the court in deciding whether to exercise its discretion is whether it is satisfied that the value of the evidence in question, taking into account how reliable the statement appears to be, is so high that the interests of justice require the later statement to be admissible for that purpose. This discretion is intended to cover exceptional circumstances where although multiple hearsay does not fall within one of the specified categories for admissibility (in section 121 (1)(a) or (b)) it nevertheless should be admitted in the interests of justice.
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