Basic principles Flashcards
What are facts in issue?
The facts in issue are the facts that any party needs to prove in order to prove its case.
For the prosecution, what are the facts in issue?
Those facts that are needed to prove the offence charged.
The place to start is to list the ingredients of the offence.
What are the ways in which evidence can be established to prove a fact other than a witness giving live evidence?
- Agreeing a witness statement as true by consent of the parties.
- Agreeing any fact between the parties.
- A judge or jury taking `judicial notice’ of the fact.
What does agreeing a witness statement as true by consent of the parties involve and when is this not an available option?
The witness statement can be agreed as accurate and true in its written form.
The statement is then read out, and carries the same weight as if the witness had attended in person, sworn (or affirmed), and given the evidence from the witness box.
Evidence will only be agreed in this way if there is no challenge to the evidence. If the evidence is disputed, then the witness must be called and challenged orally.
What is agreeing any fact between the parties?
Another way to prove a fact is simply for the advocates in a case to agree that the fact is so. The fact is reduced to writing, and both parties (the lawyers, not the witnesses) agree and sign the agreement.
What is judicial notice?
A judge is permitted to take judicial notice of a fact `on enquiry’. This means that judges might not know a particular fact off the top of their head but could find out very easily, from a source that would be indisputable.
Jurors are not allowed to do their own research at any time.
Can jurors take notice on personal matters?
The jurors cannot take notice on personal matters that they happen to know, but are not generally known. If a juror has personal knowledge of matters that are relevant to a case, they should let the court know, and the judge can deal with any issues that might arise.
What are the different types of evidence?
a. Oral evidence given by a witness in court
b. Written form (agreed statements and admitted facts).
c. Real evidence
d. Direct evidence
e. Circumstantial evidence
f. A view
What is `real’ evidence?
Objects and things which are brought to court for inspection. Some real evidence will be in the form of documents that are exhibited by a witness who can vouch for their origin.
Explain direct evidence v circumstantial evidence
An example of the difference might be (in a case where it is in issue where the defendant was at midnight) witness 1 saw the defendant at the station at midnight (direct oral evidence) and a train ticket found in the defendant’s pocket showing a train ticket for a train arriving just before midnight at the station (circumstantial real evidence).
Explain a `view’ as evidence
Occasionally juries can visit a scene of a crime, or leave court to view an object that cannot be brought into court. This is called a ‘view’. Their observations become evidence in the case.
For evidence to be admissible what must it be?
It must be relevant.
How do you establish `relevance’ in relation to admissibility?
Relevance is established by whether the evidence is `logically probative’ of a fact in issue i.e. does the evidence tend to prove or disprove a fact in issue.
What are exclusionary rules?
After establishing relevance, it is necessary to consider whether the evidence is nonetheless subject to an exclusionary rule. These are rules to protect the fairness of trials to prevent evidence which is relevant, but should still not be admitted because of the effect on the fairness of a trial.
What does weight mean in relation to admissibility?
All evidence varies in terms of how strong, reliable and valuable it is. Attaching the right degree of weight to a piece of evidence is a matter for the jury. Advocates will typically devote considerable effort in persuading the jurors as to what weight they should attach to the evidence.
