10 Preliminaries to Evidential Matters Flashcards
Trial on Indictment: who is to decide on questions of law ?
The Judge
Trial on Indictment: who is to decide on questions of fact?
What happens if there is no jury?
The Jury
Judge decides on all questions of both law and fact
What happens if there is no Jury? Who decides on questions or law and fact?
Judges decides on all questions of both law and fact
Can Lay magistrates’ participate in questions to be decided by court?
Yes
Summary Trials: Who decides on questions of law?
Lay justices
Summary Trials: Who decides on questions of law?
Who else is involved?
When does this not happen?
Lay justices (must seek and accept advice from Justices’ legal advisor)
a district judge in magistrates need not have legal advisor
When may relevant evidence be excluded?
If it is such that no reasonable jury could place any weight on it/
if not weight can be placed on it
Example of evidence open to exclusion?
- Any admissible evidence likely to have prejudicial effect
2. evidence obtained by improper/unfair means which may operate unfairly against accused
What legislation allows exclusion of evidence?
s.78 PACE 1984
What is considered to be real evidence?
Material object which can be produced in court for inspection by the tribunal of fact
TRUE OR FALSE: No rule of law that an object must be produced before any evidence may be given about it?
TRUE
What is a ‘view’?
inspection of material objects out of court which are inconvenient/impossible to bring to court
When can a ‘view’ take place?
Before summing-up/ conclusion of evidence
TRUE OR FALSE: The view can take place at any time?
FALSE. must take place before summing-up/ conclusion of evidence
What does s78 PACE 1984 apply?
applies to any evidence obtained illegally or by improper or unfair means which prosecution seek to rely
