Admitting and excluding evidence Flashcards
Who is the burden of proof on to prove/disprove a specific defence (eg. alibi)?
D must raise it
Prosecution must disprove it beyond reasonable doubt
When does the court have discretion to exclude evidence under PACE?
If using it would have an “adverse effect on the fairness of the proceedings”
When do the Turnbull guidelines apply?
When a witness visually identifies D as the perpetrator, and D disputes the idenitification
Witness can identify D as the perpetrator in 3 ways:
- informally
- at a formal identification procedure
- claims to recognise him as someone previously known to him
Factors the court considers in deciding on the quality of the identification evidence under the Turnbull guildelines
- length of observation
- distance
- lighting
- conditions
- how much of the perpetrator’s face was seen, and if witness can describe it clearly
- whether witness already know the perpetrator
- how closely witness’s original description matches D’s appearance
If identification evidence is of good quality:
Judge gives jury Turnbull warning
If identification evidence is of poor quality, but supported by other evidence
Judge gives jury Turnbull warning and points out the weaknesses of the identification
What is a “Turnbull warning”
When the judge warns the jury of the dangers of relying on identification evidence, and prompts them to consider the factors the judge considered
If identification evidence is of poor quality and unsupported:
Judge directs jury to acquit D
When is the court likely to exercise its discretion to exclude evidence because it would affect the fairness of proceedings?
If it’s unreliable
When does a breach of PACE make the evidence obtained unreliable?
If the breach is “significant and substantial”
Guidelines for staying proceedings on the grounds of abuse of process:
- nature of the investigation (very intrusive?)
- nature of offence
- nature of police involvement
- D’s criminal record, if has recent similar involvements
- level and extent of supervision of undercover officers
Is “entrapment” a defence?
No- argue to stay proceedings on the grounds of abuse of process instead
