1. Law of Evidence and Proof - Summary

Question 1

Point 1

Evidence

Must Know

Answer 1

• “Evidence” is the term for the whole body of material which a court or tribunal – ie in criminal cases the Judge or jury – may take into account in reaching their decision.

Question 2

Point 2

Rules of evidence

Must Know

Answer 2

• The rules of evidence determine the form in which, and the means by which, evidence may be presented to the court. They are to be found both in specific statutory provisions and in case law.

Question 3

Point 3

Giving evidence

Must Know

Answer 3

• In a proceeding, evidence may be given in the following ways:
  − the ordinary way
  − the alternative way such as by video link
  − any other way provided for by the Evidence Act 2006 or any other enactment.

Question 4

Point 4

Burden of proof

Must Know

Answer 4

• The burden of proof lies with the prosecution (Woolmington principle) except where:
  − the defence of insanity is claimed
  − specific statutory exceptions exist
  − the offence is a public welfare regulatory offence.

Question 5

Point 5

Standard of proof

Must Know

Answer 5

• The standard of proof where the legal burden is on the prosecution is “beyond reasonable doubt”. Where the defence bears the burden, it need only be proved on the “balance of probabilities”.