In criminal trials, when can hearsay evidence be admitted if the maker is available?

Hearsay evidence refers to statements made out of court that are presented to prove the truth of the matter asserted, rather than for other purposes such as showing the effect on the listener. In criminal trials under Queensland evidence law, the general rule is that hearsay evidence is inadmissible unless an exception applies.

When the maker of the statement is available, hearsay can be admitted if it satisfies certain criteria. The correct answer indicating that hearsay can be admitted when it is fresh in memory at the time of representation is particularly significant. This is because the reliability of the testimony increases when the statement is made close to the event it describes; it suggests that the person was recalling their observations while the information was still vivid in their memory.

This principle acknowledges the potential reliability of spontaneous statements made shortly after an event, contributing to their admissibility under specific exceptions to the hearsay rule when the conditions are met. In contrast, the other options, while they may imply some factors relevant to evidence, do not specifically relate to the admissibility of hearsay evidence when the maker is available.