1-Introduction

Question 1

Parties definition

Answer 1

both sides of case

Question 2

adduce definition

Answer 2

present evidence to court

Question 3

admissible definition

Answer 3

permitted to be used

Question 4

exclude definition

Answer 4

evidence that is not to be used

Question 5

weight definition

Answer 5

how persuasive is certain evidence

Question 6

what is voir dire

Answer 6

hearing to discuss admissibility of evidence

Question 7

what are the thee types of evidence

Answer 7

oral testimony
documentary- written
real evidence - cctv, objects, crime scene

Question 8

who decides whether evidence should be admitted

Answer 8

the judge

Question 9

what is evidences role

Answer 9

to prove a fact- must be relevant

Question 10

burden of proof is on who

Answer 10

prosecution

Question 11

woolmington v dpp states

Answer 11

D has a presumption of innocence

Question 12

what are exemptions to presumption of innocence

Answer 12

DR and insanity

Question 13

Miller v Ministry Pensions

Answer 13

gave beyond reasonable definition

Question 14

R v Summers

Answer 14

juries must feel sure before prosecuting

Question 15

evidence must be the following three things

Answer 15

relevant
not blocked by restrictive rules
hearsay/character must pass gateway exception

Question 16

how can evidence be relevant

Answer 16

if the evidence is relevant to proving something

Question 17

DPP v Kilbarne

Answer 17

fact must be one that needs proving

Question 18

what types of evidence have restrictive rules in order to be used

Answer 18

hearsay evidence (out of court statement)
bad character evidence
witness credibility evidence
sexual history
expert evidence (who is classified as expert)
ID evidence
silence as evidence

Question 19

what is direct evidence

Answer 19

direct relation to a fact, truth to prove a fact, strong evidence

Question 20

what is circumstantial evidence

Answer 20

relevant facts which draw inferences, mainly used with other evidence

Question 21

what part of PACE shows reasons for excluding evidence

Answer 21

section 78

Question 22

Why may evidence be excluded if relevant

Answer 22

unreliable 
unfair 
difficult to challenge 
distraction to main issue
inhuamne

Question 23

what evidence may be unreliable

Answer 23

ID evidence
expert evidence
confessions

Question 24

what evidence may be prejudicial

Answer 24

damaging evidence
bad character
sexual history

Question 25

what evidence may be difficult to challenge

Answer 25

hearsay

expert

Question 26

what evidence may be a distraction

Answer 26

bad character

Question 27

what evidence may be inhumane

Answer 27

sexual history

Question 28

is evidence always excluded when gathered improperly

Answer 28

no depends on prejudice and value it has R v Sang