Impact of Leadership Development in Healthcare

Impact of Leadership Development in Healthcare A crucial factor dominating health organisations in NSW, Australia and the world has been identified as patient safety and quality of care. Literature indicates that in order to achieve these objectives, there is need for effective clinical leadership to occur. This essay will discuss and analyse the impact of leadership development, with a focus on transformational leadership and related matters, on both the individual and health care. To understand how and why leadership in health care emerged as a necessity to avoid failure in health care, it is important to consider the Garling Report (2008) and the Mid Staffordshire Report (2013), of which both provided a multitude of recommendations for NSW and British public hospitals, following an inquiry into their systems after a number of high profile incidents which brought into question patient safety and quality of care. Garling SC (2008) and Francis QC (2013) both identified that in order to overcome these endemic issues, it is necessary to make a widespread cultural change within the public hospital system and as part of that process, it is imperative to engage frontline clinicians in ongoing leadership education and training. Garling SC (2008) also indicated the need to reform and redesign traditional leadership models in order to improve the delivery of health care, which is increasingly reliant on effective clinical leadership at all levels. Focus should be on creating an inter-disciplinary team approach to patient care, which according to evidence, produces the greatest possible outcomes (Garling SC 2008). This aims to continuously provide the best level of patient-based care and patient safety. Having considered why effective leadership emerged as a necessity, it is important to review the concept of leadership. It is an interactive relationship between the leader and followers (Kouzes and Posner 2012). For a culture shift towards a patient based care model to occur, leaders must effectively define, communicate and guide the vision for the organisation in order to ensure engagement at all levels Frampton et al. (as cited in Cliff 2012, p381). Effective leadership is vital for inspiring, engaging and motivating others to achieve greatness. Govier and Nash (2009), highlight that is through having a shared vision that moves people towards achieving the necessary common goal of providing safe and high quality health care, that leadership can occur at all levels. Covey 2006 (as cited in Govier and Nash 2009), indicated that in order to increase the effectiveness of management, leadership needs to come first. This therefore indicates the need for management and frontline clinicians to work together to tackle the many challenges that exist within health care. Furthermore, this is indicated by Vaill 1996 (as cited in Govier and Nash 2009) who argued that there is always a need for management in order to effectively run everyday procedures, however successful handling of the constant changes and instability, begins with effective leadership. As Kouzes and Posner (2012) suggest, to achieve this success, effective leaders must employ their Five Practices of Exemplary Leadership, including; Model the Way, Inspire a Shared Vision, Challenge the Process, Enable Others to Act and Encourage the Heart. This incorporates leading by example, inspiring others through shared desires, making changes through risk taking and challenging oneself, whilst promoting an environment where team work, mutual respect and trust is exercised and where successes are celebrated. Personal experience suggests that through the variety of courses and workshops now offered via NSW health, the necessary ongoing education in leadership is occurring. As Health Workforce Australia (2013, p.4) prominently state ‘capable leadership, governance, and management are cornerstones of successful efforts to improve the quality of lives and to achieve the maximum impact from health investments’. Having worked the past three years within a team leader role in Occupational Therapy, continuous education has enabled successful running of a strong, caring, hard-working, energetic team, whose primary focus is on patient care and safety. After all, these are the core values of Occupational Therapy practice. Literature supports the ongoing education of leaders, as Kouzes and Posner (2012) state, leadership is a skill set obtainable by anyone. This is also consistent with Health Workforce Australia (2013) who highlights in their LEADS framework, that in order for successful improvement to occur and endure the ever-changing health care system, specific knowledge and skills are required to become an effective leader. As Covey 2006 (as cited in Govier and Nash 2009) emphasised, by employing a solid foundation of core values, incorporating trust, contribution, dignity, empowerment and growth, the ability to react and adjust appropriately to these changes is possible. Garling SC (2012) emphasises that by creating individual clinical leaders throughout the health care system, patient safety and quality health care will be continuously achieved. It is through the reflection, ongoing development and improvement of one’s self, that enables this leadership to begin occur (Kousez and Posner 2012; Health Workforce Australia 2013). Health Workforce Australia (2013) have created a model which encompasses the concepts of the transformational leadership theory whereby, once self-awareness and personal development is achieved, individual leaders within the organisation are able to engage others by sharing values, communicating openly and honestly, supporting other team members in growing and developing to continue to strengthen as a department, team and organisation. From here, leaders will work closely with colleagues and patients to ascertain, guide and set achievable goals that realise the shared vision. They will continue to evaluate outcomes, cele brating successes along the way. An environment fostering the awareness and need for positive changes will be promoted and encouraged, this in turn will continue to inspire others to achieve positive outcomes and best possible care for patients. The results of a study by Wylie and Gallagher (2009) around transformational leadership behaviours in allied health professionals revealed that one of the most significant influences on self-reported leadership behaviours is that of leadership training. Those who received training within the leadership area were able to score a significantly higher aggregated transformational leadership score, compared with those allied health professionals who had not. These results correspond with the findings of Kouzes and Posner (as cited in Wylie and Gallagher 2009), found that transformational leadership and self-awareness are more evident those who received leadership training. To best rise to the challenge and meet the recommendations of both inquiries, there is the need for implementation of not only leadership, but more specifically transformational leadership. This because, although over time there have been many other leadership theories, they have generally concentrated on what an effective leader is, rather than how to effectively lead (Armandi et al. 2003). Transformational leadership embodies the principles that are able to combat the instability and constantly changing environment in hospitals. Research by Halter and Bass (as cited in Armandi et al. 2003, p. 1079) and Weberg (2010), indicated that when transformational leadership is implemented within the health care setting, there is a positive impact on staff retention, job satisfaction, loyalty, burnout rates and overall staff well-being. From experience, this positive impact results in safer, improved patient care. This is supported in the article by Govier and Nash (2009), who reported that in large organisations such hospitals, there are increased levels of pressure on frontline staff to produce quality work and outcomes. If this occurs, stress levels and reduced performance also occurs and this leads to the potential harm of those being cared for. If leaders empower frontline clinicians and place ownership of care in their hands, then health care can be transformed from the bottom up, rather than top down, therefore meeting the recommendation of Garling SC (2008). Having previously worked closely with a manager and mentor, who embodied transformational leadership principles, had open, honest communication, trust and respect for all staff, this enabled both personal and professional growth, as well as positive development as a clinician and leader. As the article by Rolfe (2011) indicates, transformational leadership is a cyclical process whereby leaders empower their followers, which in turn fosters the growth and development of these followers into leaders themselves. Having experienced this first hand, it is safe to say that this enabled better leadership of the inpatient Occupational Therapy team, empowering and inspiring them to achieve positive improvements in patient care. Stepping into a team leader role three years ago was an enormous challenge. After gaining insight into recent times and history of the Occupational Therapy department, it was clear that instability, uncertainty and low morale had taken over. There had been a multitude of changes both within the hospital and wider organisation as well as within the department itself. Facing the challenge head on was the only way to make significant improvements. By closely building relationships with the individual team members and gaining an understanding into their driving forces, trust and mutual respect began to emerge. Through the implementation of a weekly inpatient team meeting, a structured environment was created to facilitate open communication and allow the discussion of complex cases and individual issues together in order to increase knowledge and solve problems as a team. This further instilled a sense of trust and confidence by showing commitment to self and the organisation, demonstrating strong open, honest communication skills and being supportive with a mentorship approach, with the main purpose of ensuring best possible care for patients. As Kouzes and Posner (2012) state that when a relationship is built on mutual respect and confidence, the greatest of difficulties can be overcome and a lasting impact remains. This is supported in the article by Govier and Nash (2009), who emphasise the importance of being a proactive leader, by solving problems with a positive approach, rather than reporting problems whilst others resolve them. They go on to say that leadership is then seen as a choice rather than a position and will therefore be focussed on ensuring that things get done in a positive way, therefore enhancing patient care. Based on experience with clinical supervision with junior staff, the traits of transformational leadership are also carried out. Regular supervision sessions with staff have enabled growth within the leadership area as well. It has enabled ongoing education and knowledge to be imparted on staff through discussion of their practices on the ward, with attention to solving complex issues and cases. Through the method of asking reflective, open-ended questions, it has empowered the team to review their own values and performance, which has resulted in an increase in staff engagement and a stronger sense of purpose, as a direct result of a leader investing in them. Evidence supports this, for instance Porter-O’Grady and Malloch (as cited in Weberg 2010 p. 246), report that transformational leaders are not only inspiring, however also assist their staff or followers to solve problems by assisting them to be aware of issues and develop the necessary means to overcome their difficulti es. Transformational leadership looks at the relationship between the leader and followers and states that when followers are able to have input into a team or organisational vision, there is an increase in their sense of value and hence this relationship is improved (Rolfe 2011, p. 55). From personal experience as a trained Essentials of Care facilitator, this is accurate. The process involved being trained in working with frontline staff to make the necessary changes to improve patient-based care. Through working closely with multi-disciplinary staff to review their personal and professional values, a shared values statement emerged. It is through this shared value and vision, that staff became empowered to start making frontline changes to improve patient care. Daft (as cited in Rolfe 2011, p. 55) stated that when staff feel empowered and have a sense of purpose, then the workplace environment becomes more positive, with increased motivation and job satisfaction. This then has a direc t impact on quality of patient-based care. From personal experience, being the representative for Occupational Therapy on the hospital falls advisory committee has demonstrated such leadership characteristics as leading by example and being a role model for other members of the department. This committee focusses directly on patient care and is comprised of a multi-disciplinary team who guide and lead the hospital in falls prevention best practice. It is through teamwork and shared leadership and expertise that successes are generated (Ward as cited in Rolfe 2011, p. 56). In summary, it can be seen that in order to achieve and maintain best possible patient-based care and safety, leadership must be developed throughout all areas of health care, focussing on frontline clinicians. It is through ongoing investment in training and education in the field of leadership that this can be accomplished. Through learning and practicing transformational leadership, staff at all levels are empowered, motivated and inspired to provide the best possible care for patients. This in turn has a positive impact, which affects individual staff, teams and organisations within health care and as a result, the quality of patient care. REFERENCE LIST Armandi, B, Oppedisano, J, Sherman, H 2003, ‘Leadership theory and practice: a â€Å"case† in point’, Management Decision, vol. 41, pp. 1076-1088. Cliff, B 2012, ‘Patient-Centered Care: The role of healthcare leadership’, Journal of Healthcare Management Nov/Dec, p. 381-383. Garling SC, P 2008, Final Report of the special commission of inquiry: Acute care services in NSW public hospitals, Overview, prepared for State of NSW, through the special commission of inquiry, NSW. Govier, I Nash, S 2009, ‘Examining transformational approaches to effective leadership in healthcare settings’, Nursing Times, vol. 105, no. 18, viewed 29 March 2014, http://www.nursingtimes.net Health Workforce Australia 2013, Health LEADS Australia: the Australian health leadership framework, Health Workforce Australia, Adelaide, SA. Kouzes, JM Posner, BZ 2012, The leadership challenge: how to make extraordinary things happen in organisations, 5th edn, Jossey-Bass, San Fransisco, CA. Rolfe, P 2011, ‘Transformational Leadership Theory: What every leader needs to know’, Nurse Leader, April, p. 54-57, viewed 29 March 2014, http://www.nurseleader.com Weberg, D 2010, ‘Transformational leadership and staff retention: An evidence review with implications for healthcare systems’, Nursing Administration Quarterly, vol. 34, pp. 246-258. Wylie, DA Gallagher, HL 2009, ‘Transformational leadership behaviors in allied health professionals’, Journal of Allied Health, vol. 38, no. 2, pp. 65-73. Frances QC, R 2013, ‘Mid Staffordshire NHS Foundation Trust Public Inquiry Report: Executive Summary’, Crown, The Stationery Office Limited, UK.

Instrumental and end values Essay

Values are one’s judgment of what is important in life. One way of considering values is in terms of instrumental and end values. Instrumental values are beliefs about the type of behavior appropriate for reaching certain goals. End values or sometimes called terminal values, are beliefs about the kind of goals or outcomes that are worth trying to pursue. This paper will evidently describe the primary concepts of each value while examining my personal list and rankings of five instrumental and end values most important to me. End vales can be categorized by two different aspects, personal and social. My end vales consist of equality, an exciting life, self-respect, a sense of accomplishment, and wisdom. The end values most important to me lean towards a more personal aspect, even though equality is considered a social end value according to Rokeach. Making necessary life decisions consider these five end values. Equality is definitely one of most important values in my life. Equality among friends and family has always been one of the major values in my life. An exciting life is necessary for one’s happiness and happiness leads to a positive aura surrounding an individual. Self-respect, a sense of accomplishment and wisdom are three aspects that are tied together. An individual needs to have self-respect and a sense of accomplishment to acquire wisdom. Instrumental values, according to Rokeach, fall in two categories as well; morality and competence. The means people use to achieve their goals might violate moral values like honesty, or violate one’s personal sense of competence and capability like become illogical. My five instrumental values include ambition, cleanliness, forgiveness, responsibility, and self- control. The instrumental values most important to me focuses more on competence than morality. These instrumental goals are key aspects that focus on pursuing one’s life goals. Honesty is the best policy. Honesty is one of the most important aspects in pursuing one’s goals in life. Ambition is also one of many important values in a goal oriented person. Ambition is required for one to achieve goals and be successful. Cleanliness and  responsibility are at an equal level of importance in my life. Cleanliness is associated with responsibility in numerous ways. One has to be responsible to keep oneself and one’s surroundings clean which leads to a happy lifestyle. Forgiveness and self-control are two keen values to one’s life as well. Self-control is very important to succeed in life. However, every individual has both instrumental and end values, every person differs in how they order the values into priorities, which accounts for tremendous variation among people. Comprehending one’s own values clarifies what is important, which is essential for effective leadership. Leaders can identify and comprehend value differences to improve communication and effectiveness. Instrumental and end values are both essential in achieving goals and having a successful life whether it is a personal end value and social end value or morality instrumental value and competence instrumental value. This paper described and listed five instrumental and end value and their importance in one’s life. Values are fundamental beliefs that an individual considers to be important that have an impact on attitudes and behavior.

Hockey in Canada: The Nation’s Passion

Hockey In Canada: A Nations Passion Culminating Activity: Canadian History Essay In 1994, the Canadian Federal Government compromised and voted to make hockey Canada's national winter sport, and lacrosse Canada's national summer sport. Which sport should be named Canada's true national sport? Sport should be named Canada's true national sport? It Is Important to know which sport should be named Canada's true national sport because of its relevance in focusing to improve Canada's athletic skills.By knowing the sport, it will help determine the sport Canada should emphasis upon to be more successful. It Is believed that hockey should be named Canada's national sport due to the appreciation that Canadians have toward their winter climate and well-known winter sports. Also, hockey has maintained Its status as the most popular sport in Canada, while encouraging many women to participate. These reasons are believed to be the major factors that contribute to why hockey should be titled Cana da's true national sport. The history of modern hockey goes as far back as the early sass's.Many regions have claimed to be the birthplace of hockey, but the best-supported cases re in Windsor, Nova Scotia, and Kingston, Ontario, which hold by far the earliest written accounts of a game that has ever been played. Many assumptions were then made that hockey first originated within these three clues. When you think of Canada, what is the first thing that comes into your mind? For many individuals it is hockey. A country's climate has big influences on the type of athletic activities that can occur. In Canada, the climate revolves around cold and bitter weather, which can last up to half a year.Fortunately one of the many advantages is the ability to pursue any of Canada's winter sports such as skiing, snowboarding, bobsledding, figure skating, and most importantly hockey. As a result, it is not a surprise to Canadians when managing to score highly in many of the winter Olympics; in fa ct many Canadians often take this for granted. As seen on February 28, 2010, at the Vancouver winter Olympics, Sydney Crosby stated on CATV â€Å"l just shot it, I didn't really see it to be honest. † This of course, was after the terrific win team Canada pulled against the united States.The victory of this hockey game once again, caused Canadians to legalize the beauty of how successful Its winter sports became. The landscape and weather conditions also contribute to the significance of hockey in the nation. Although it is estimated that there are approximately 2500 indoor and outdoor hockey rinks in Canada, many Canadians still build their own backyard ice rink on behalf of the passion for this sport. Adam shepherd grew up playing hockey, and now with his own family In Whites, Ontario, he wanted to share his experience with his children.Adam states, â€Å"l get real enjoyment watching my kids out here having fun. † 1 OFF January and February, and that's when the weat her is coldest. † Luckily Canada's climate allows the building of an outdoor skating rink to be successful. Tremor, Dam's 9 year old son stated that he loves to be outside playing hockey with his family, and that the cold never bothers him. Hockey plays an important role in people's lives whether winning a gold medal, being able to build hockey rinks, or spending quality time with family.Hockey has become more than Just a sport in Canada; over a period of time, it has become a huge part of Canadian Culture. In the eighth game of he 1972 summit series, Canadians practically came to a standstill as everyone wanted to see the outcome of the final game between Soviet Union and Canada. As a result, Canada pulled another big victory, and after this day hockey became an even more popular sport. Canadian â€Å"Hockey Night† as seen on CB sports airs every Saturday night. Since 1998, more than four million Canadians tune in to watch this show.The number of sales for televisions has increased by the value of seven billion dollars since the year 2000, due to the influence of this shows popularity to improve the development of technology. This is one of the positive impacts toward Canada's economy, which has caused many technological companies to rise. Also, hockey night is a great way for families to bond while supporting Canadian radios such as CB whom broadcasts details about regular hockey games. Another aspect is the number of viewers that watch Canada's hockey games, for example the number of viewers who watched the U.S vs.. Canada hockey game at the 2010 Vancouver Olympics. As said before, the love and support for this sport is undeniable which influences its fame. Family and friends that have gathered together to watch this special game caused a hit of 27. 6 million views; one of Canada's most viewed hockey games in all time. Generally, these reasons verify the admiration Canadians have toward hockey. 0 When looking back in Canadian history, women wer e not known for independence as men were considered â€Å"persons† while women were not.This did not come to an end until 1929, when Emily Murphy took action and brought the persons case to court. Although some action had been taken, it did not prevent women's stereotype during the sass's. At that time, it was necessary for women to have feminine qualities, which included the disability to play â€Å"masculine sports. † Hockey was one of the most influential sports that encouraged many individuals to take a step toward women's rights. Canada's national women's hockey team has been on the world stage, winning nine world titles, three Olympic gold medals and twelve 3 nations/nations cups.Its successful Journey has caused its reputation to rise internationally with their only losses being against United States and Sweden. Cassia Campbell, a professional hockey player on Canada's women's hockey team says â€Å"In 1998 we went to the first ever Olympic for women's hockey, and as a Canadian hockey player and Canadian hockey team we were by far the favorites going in, and we lost. We brought home a silver medal and felt like we let down our entire country; we were embarrassed and extremely disappointed.I remember I ran into a great Canadian speed skater Susan Such, when she congratulated me on the silver medal. While seeing the disappointment in my eyes, Susan said something to me that I'll never forget â€Å"do you know how many people in this world don't get a chance to be Olympic athletes, and how many Olympic athletes don't get a chance to be medalist? I realized what we big reason to why we won gold in Salt Lake City in 2002. † This inspiring speech given by Cassia motivated women all over Canada to never give up on their dreams, even if it meant challenging women's stereotype.Although it did take time, hockey is the only sport in Canada that truly represents a successful women's sport team. Long story short, hockey is indispensable to Cana da and its people. Women are better – respected because of the success of its hockey team, while technological industries broadcasting about this sport are emerging. Families bond whether by playing cocky outside their own backyard rink or by watching hockey night together. It is evident that hockey has an essential role in Canadians lives and should be titled Canada's true national sport because of the reasons stated in this piece.

Standard Of Proof And Hearsay Rule Law General Essay - Free Essay Example

Sample details Pages: 8 Words: 2323 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Analytical essay Did you like this example? The legal burden is defined as the burden of proving facts which is determined by a fact finder. In this instance as it is a criminal case the fact finder would be a magistrate or the jury. In criminal law the prosecution has to prove the legal burden of proving every element of the offence charged and has to disprove any defences raised beyond reasonable doubt as illustrated in the case of Woolmington V DPP (1935).  [1]  The legal burden of proof would have to be proven by the prosecution. This means that the prosecution has to prove the incident has occurred to obtain a valid conviction. This is shown by the concept of the golden thread by Viscount Sankey where he stated: No matter what the charge or where the trial, the principle that the prosecution must prove the guilt of the prisoner is part of the common law of England and no attempt to whittle it down can be entertained. The defence that was raised has to be disproved by the prosecution, to the party t rying the fact i.e. judge or jury to decide if the legal burden is discharged. The rule is part of a policy to avoid embarrassing criticism by minimising wrongful convictions which are more likely to be avoided if the burden is preset in this way than if an accused needs to prove there innocence. It can also be justified via appeal.  [2] There has to be a standard of proof and there are two types. Firstly if the prosecution has to prove something then they must do it beyond reasonable doubt. Secondly if the defence has to prove something they do it on a lower standard on the balance of probabilities. The standard of proof necessary to discharge the burden of proof relates to the legal and not evidential burden. If a standard of proof is not reached then the party holding the legal burden will lose. It is put in place for the prosecution for a sense of assurance, which is illustrated by the case of Miller V Minister Of Pensions (1947)  [3]  whereby Lord Denning stated: If th e evidence is so strong against a man as to leave only a remote possibility in his favour the case is proved beyond reasonable doubt.  [4]  It is put in place for the defence on the balance of probabilities, which is illustrated in the case of Carr-Briant (1943).  [5] In relation to the given facts a computer produced document which contains a register of all persons which are authorised to invest in businesses in the United Kingdom kept under the Financial Provisions and Services Act 2010. The above mentioned document does not contain the banks name which is Credit Crunch Bank; Megarich declared that his adverts are approved by the Credit Crunch Bank which he assumed was an authorised person under the act. Firstly Megarich has to show his approved advert by Credit Crunch Bank and secondly that the named bank is an authorised person under the act. Such burden falls on the appellant to prove. Megarich is in possession of authorised copy which was issued to the Credit Crunch Bank under the act, this is a piece of vital evidence which will help prove that Credit Crunch bank is an authorised person under the above mentioned act but this burden lies on Megarich to prove this fact which will have to be proven to the jury and convince the jurors beyond reasonable doubt that this is the case. The piece of evidence in issue is vital to the defence and prosecution. The type of evidence is of a documentary nature which is inadmissible due to it being hearsay evidence. If there is any authorisation stamp this will be hearsay like in the case of Patel (1965)  [6]  where the words Produce Of Morocco was stamped on the bags and this was held to be hearsay. In the given facts Grass who is currently seriously ill and will not be able to give evidence was a previous employee of Megarich made a statement to the police investigator stating that Megarich was keen on expanding business in the United Kingdom and wanted to make sure that Megarichs adverts issued in Ho ng Kong reached the United Kingdom. This evidence will be against Megarich relied on by the prosecution. The argument raised by Megarich is that some of his adverts did not appear on the United Kingdom video screens and not directed at persons in the United Kingdom. It is the duty of the prosecution to prove under s1(3) of the act to show that the advertisements even if there were issued outside of the United Kingdom were directed to persons in the United Kingdom. The evidence produced in relation to Grass hearsay evidence will be produced merely because he will not be giving oral evidence. Such type of evidence will admitted under the Criminal Justice Act 2003 s116 this is merely because the witness is unavailable. A statement can be admissible under the Criminal Justice Act 2003 s116 if oral evidence is admissible and the person who has made the statement is identified and there is a valid reason which must be specified in relation to why the person who has made the statement c annot attend. In relation to Grass who is seriously ill he satisfies all the conditions because he is unfit to be a witness because of his bodily or mental condition. In the given problem were Megarich is charged in the United Kingdom for an advert inviting investors to purchase shares in Hong Kong without the approval of an authorised person. The prosecution will have to prove that this crime has been committed like in the case of Westminister City Council V Croyalgrange Ltd (1986)  [7]  in this case the House Of Lords held that s101 was inapplicable because of the exception in the question qualified the prohibition created by para 6 and not the offence created by para 20(1). The prosecution had to prove this and they had to prove that the directors of the company did know that no licence was held or obtained by the tenant which was illustrated in the case of Environmental Agency V ME Foley Contractors Ltd (2002)  [8]  . The classification of crime contains elements t hat have to be proven these types of elements are referred to as general burden and each element may be referred to as specific proof burdens. For example if the offence of theft was committed the specific burdens of the offence would be intention to permanently deprive of a belonging which belongs to another, dishonesty and appropriation. The defendant may satisfy the specific burden but the general burden never shifts and will remain on the prosecution this is due to the European Court Of Human Rights Art 6 which protects the common law principle which is known as the presumption of innocence. Once the defence have fulfilled the criteria of burden, the standard of proof is on the balance of probabilities. The standard of proof and burden of each element is generally defined at the beginning of each trial. This is illustrated in the case of Braithwaite (1983)  [9]  where Lord Lane stated: The effect of that is that when the matters in that section have been fulfilled, the bu rden of proof is lifted from the shoulders of the prosecution and descends upon the shoulders of the defence. It then becomes necessary for the defendant to show, on the balance of probabilities, that what was going on was not reception corruptly as inducement or reward. Lord Mustil stated: For the dispute involves two separate issues, each with its own burden of proof, which remains unchanged throughout the course of the action. This was clarified in the case of Brady V Lotus Cars (1987)  [10]  . According to the writings in Evidence The Fundamentals Phil Huxley stated the following in relation to the case of Brady V Lotus Cars (1987)  [11]  that the specific burden of proving that he did not receive any corrupted gifts which was always on the defendant, although such burden did not have to be discharged until it was engaged, the prosecution had to prove that the gift was received corruptly. In relation to the given problem if Megarich states that there is no answe rs to the question then it is the role of the prosecution to provide more evidence which is known as evidential burden. The evidential burden is defined as merely a burden to produce evidence. It is the burden of adducing evidence or raising an arguable case. At the start of a trial, the prosecution has the evidential burden to produce evidence on every element of the offence charged. If the prosecution cannot raise a prima facie case the defence will succeed in a submission of no case to answer this process is known as passing the judge. In the case of Jayasena (1970)  [12]  the prosecution failed to discharge the evidential burden and the accused was acquitted merely because every element of the offence was not proven. On the other hand a more onerous burden may fall on the defendant whereby they rely on a defence which goes by a mere denial of the prosecution case. The standard definition of the Hearsay Rule is found in the widely used Blacks Law Dictionary which states: A statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. Hearsay evidence is testimony in court of a statement made out of court, the statement being offered as an assertion to show the truth of the matter therein, and thus resting for its value upon the credibility of the out of court asserter. Evidence not proceeding from the personal knowledge of the witness, but from the mere repetition of what he has heard others say. Hearsay can be identified by applying the following rules; that is hearsay is anything said or written outside the courtroom, if it is being used to prove the truth of what is contained in those words or writing. A valuable case to look at is R V McLean (1967)  [13]  in this case the Court Of Appeal found with considerable reluctance, that the witnesss testimony was inadmissible hearsay. There is one Australian case, were hearsay was again not admissible. The ca se is Miller V Wertheim And Rothman (2001)  [14]  in this case, Ms Miller alleged that Mr Wertheim the outgoing president of the New South Jewish Society, made a speech which vilified and intimidated Jewish people. The evidence of the speech was objected by the respondents on the basis that it was hearsay. The respondents were wholly successful in their application to dismiss the principal application and were prima facie entitled to an order for cost. In this case there objection was successful because they would not allow the speech and said that indeed that it was hearsay, since it was an out of court statement.  [15] The Evidence Act now also provides that in any criminal proceedings a computer generated document of any statement contained in such document is admissible in evidence of any fact stated therein. It is because of this that to considerable extent particularly in civil cases these problems have been resolved by statutory in intervention in the form of The Cri minal Justice Act 1988 and the Civil Evidence Act 1995. These are the certain extent to which the rule of hearsay can be admissible in court as evidence. The Criminal Justice Act 2003 s114(1) abolished the common law rules which govern admissibility of hearsay in criminal proceedings. There are eight common law exceptions to the rule excluding hearsay which are governed under the Criminal Justice Act 2003 s118(1). Oral and documentary hearsay are admissible subject to certain conditions under the Criminal Justice Act 2003 s114-117. Evidence falls into the category of hearsay when it is not of a direct nature. Direct evidence means that the person that made the statement has to testify. The next step is to classify the evidence as either first hand or multiple- hearsay. First hand is hearing the relevant evidence personally and multiple-hearsay is the opposite of first hand but hearing it from someone who heard it from the relevant person. The maker of a statement cannot be cro ss examined this right is contained is the European Court Of Human Rights Art 6 the person who makes the statement is not on oath whilst making the statement, the courts cannot make a conclusion on credibility, so therefore it is not considered best evidence. In relation to the given problem the prosecution carry the evidential burden. On the other hand if the defendant carries the legal burden in proving insanity and other issues the defence will also bear the evidential burden in relation to such issues.  [16]  Grass who is seriously ill and is unable to give evidence, it is now up to the courts discretion whether or not to accept the documents, if the documents are not accepted then it is not admissible. Under the Criminal Justice Act 2003 s117 the court can refuse to admit the documents under certain circumstances.  [17] In the given facts in relation to the computer containing documents in a criminal trial of evidence contained on or created by a computer, this is g iven as hearsay evidence which is of great significance. Hearsay is a statement made by a person other than someone giving oral evidence in the proceedings, this is generally not admissible in criminal proceedings as evidence of opinion or any fact contained in the statement. This rule is highly relevant in relation to computer documents merely because it is not always possible to identify who created the documents.  [18] The admissibility of documents and business are dealt under the Criminal Justice Act 2003 s117 this section applies to hearsay where the information is provided by a human being. In relation to Grass who is ill and cannot provide evidence it is better for the person who provided the information in the document which contains hearsay to be called to give oral evidence in relation to the information. Don’t waste time! Our writers will create an original "Standard Of Proof And Hearsay Rule Law General Essay" essay for you Create order