Burden and Standard of Proof Flashcards
What is the standard of proof in criminal trials?
In criminal cases, the prosecution bears the legal burden of proving the defendant’s guilt beyond a reasonable doubt.
● The defendant is not obligated to
present evidence of their innocence.
● However, if a defendant is raising a specific defense (e.g., alibi, self-defense), they must provide some evidence of that defense.
What are the Turnball Guidelines?
The Turnbull guidelines (R v Turnbull QB 224) apply when assessing the Quality of Identification Evidence.
The trial judge assesses the quality of identification evidence based on factors such as:
○ Length of observation
○ Distance
○ Lighting
○ Conditions (weather, obstructions, etc.)
○ Visibility of the suspect’s face
○ Prior knowledge of the suspect
○ Consistency of the initial description with the defendant’s appearance
What would the judge give as a Turnball Warning?
● Good quality identification: The judge will give a “Turnbull warning,” cautioning the jury about the reliability of identification evidence and directing them to consider the factors mentioned above.
● Poor quality identification but supported by other evidence: The judge will give a similar warning, highlighting the weaknesses in the identification evidence and advising the jury to look for supporting evidence.
● Poor quality identification and unsupported: The judge may stop the trial and direct the jury to acquit the defendant.
Inferences from Silence- Section 34.
● The court may draw an adverse inference if the defendant fails to mention a fact during police questioning that they later rely on in their defense.
●However, a court cannot draw an adverse inference if the defendant’s silence occurred when they were not given the opportunity to consult with a solicitor.
Inferences from Silence - Section 36.
● The court may draw an adverse inference if the defendant fails to account for the presence of an object, substance, or mark on their person or in their possession
Inferences from Silence - Section 37.
● The court may draw an adverse inference if the defendant fails to account for their presence at a particular place at or about the time of the offense.
Hearsay Evidence
Hearsay evidence is an out-of-court statement relied upon to prove the truth of its contents.
Hearsay evidence is generally inadmissible but can be admitted under certain exceptions outlined in the Criminal Justice Act 2003 (CJA).
Hearsay evidence can be admitted if:
● It falls under a statutory provision, such as when a witness is unavailable or in the case of business and other documents.2930
● It falls under a preserved common law exception, such as confessions or statements admitted as part of the res gestae.31
● All parties in the case agree to its admission.32
● The court determines that admitting it is in the interests of justice
Confession Evidence:
● A confession is any statement wholly or partly adverse to the person who made it, whether made to a person in authority or not.
● Confessions are generally admissible as an exception to the hearsay rule
Challenging the Admissibility of Confessions
A defendant can challenge the admissibility of a confession by arguing:
● Section 76(2) of PACE: The confession was obtained through oppression or in circumstances rendering it unreliable.
● Section 78 of PACE: The admission of the confession would be unfair to the proceedings.
Admissibility of Bad Character Evidence - Seven Gateways
● Gateway (a): All parties agree to its admissibility.
● Gateway (b): Adduced by the defendant themselves or elicited during cross-examination.
● Gateway (c): Important explanatory evidence.
● Gateway (d): Relevant to an important matter in issue between the defendant and the prosecution, such as propensity to commit the offense or propensity to be untruthful.
● Gateway (e): Substantial probative value in relation to an important matter in issue between the defendant and a co-defendant.
● Gateway (f): Evidence to correct a false impression given by the defendant.
● Gateway (g): The defendant has made an attack on another person’s character.
