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Legal Terms – Dying Declaration
A verbal or written declaration by an individual nearing death regarding the reason for their demise. Under common law, a dying declaration was permissible as evidence in a trial for the murder or manslaughter of the declarant, serving as an exception to the hearsay rule, contingent upon the condition that the declarant would have been a competent witness had they survived (see to competence). Case law mandated that the individual issuing the dying declaration must possess a "settled, hopeless expectation of death." The existing legislation is located in the Criminal Justice Act 2003.
A verbal or written declaration by an individual nearing death regarding the reason for their demise. Under common law, a dying declaration was permissible as evidence in a trial for the murder or manslaughter of the declarant, serving as an exception to the hearsay rule, contingent upon the condition that the declarant would have been a competent witness had they survived (see to competence). Case law mandated that the individual issuing the dying declaration must possess a "settled, hopeless expectation of death." The existing legislation is located in the Criminal Justice Act 2003.
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