CLP 17 - Evidence Flashcards
What are the main ways to prove a fact in court?
- Agreeing written witness statements as true
- Agreeing facts between parties
- Judicial notice by the judge
- Oral, written, real, direct, circumstantial evidence
- Jury visit (a view)
What is judicial notice?
- A judge accepts a widely known or easily verifiable fact without requiring evidence.
- Jurors must alert the court if they personally know something not generally known.
Judicial notice helps expedite legal proceedings by recognising established facts.
What are the types of evidence?
- Oral evidence
- Written evidence
- Real evidence (objects/documents)
- Direct evidence (from experience)
- Circumstantial evidence (inferred facts)
- A view (e.g., jury visiting a scene)
What makes evidence admissible?
- It must be relevant to proving/disproving a fact in issue.
- Even relevant evidence can be excluded if unfair (e.g., obtained illegally).
Who decides questions of law and fact in different courts?
- Magistrates’ Court: magistrates or DJ decide both facts and law
- Crown Court: judge decides law, jury decides facts
What is the legal burden of proof?
- On the prosecution to prove guilt beyond reasonable doubt
- On the defence (for certain defences) on the balance of probabilities
What is the evidential burden?
- The burden to raise some evidence to make an issue arguable before a jury.
- Judge decides if there’s enough to allow jury consideration.
When does the defence carry both legal and evidential burdens?
In defences like insanity, diminished responsibility, or automatism
These specific defences require the defendant to present sufficient evidence to support their claims.
How does the burden work in self-defence?
- Defence only has evidential burden to raise the issue
- Then, prosecution must disprove it beyond reasonable doubt
Who has the burden in duress and alibi defences?
The prosecution retains the burden to disprove both beyond reasonable doubt, once raised.
What are the main ways to exclude evidence?
- Application for dismissal
- Submission of no case to answer
- Application under s76 or s78 PACE
- Common law exclusion (s82(3) PACE)
- Abuse of process application
When can an application for dismissal be made?
- In Crown Court only
- After case is sent by magistrates, after evidence is served, and before arraignment (plea entered)
What is a ‘submission of no case to answer’?
- Made after prosecution’s case closes
- Judge/magistrates may acquit if evidence is too weak to justify a conviction
- Based on R v Galbraith
This submission is crucial for preventing wrongful convictions based on insufficient evidence.
What does Section 78 PACE allow?
Court may exclude prosecution evidence if it would make the trial unfair
What PACE Codes are commonly used in exclusion applications?
- Code C: detention/treatment/questioning
- Code D: identification
- Code G: arrest procedures
What is a voir dire?
- A ‘trial within a trial’ to determine admissibility
- Held without jury
- Judge hears evidence and decides if evidence/confession should be excluded
What is a confession under s76 PACE?
Any words, actions, or gestures that admit guilt (fully or partly) to anyone
When must a confession be excluded under s76(2)(a)?
If obtained through oppression (e.g., torture, degrading treatment, threats)
When must a confession be excluded under s76(2)(b)?
If obtained in circumstances likely to render it unreliable (e.g., coercion, promise, vulnerable suspect without an appropriate adult)
Can facts discovered through an excluded confession be used?
Yes – under s76(4), physical evidence (e.g., weapon location) may still be admissible
How does Section 78 PACE apply to confessions?
It allows exclusion if admitting the confession would make the trial unfair, even if s76 does not apply
Section 78 focuses on the overall fairness of the trial process.
How do Sections 76 and 78 PACE differ?
- s76: applies to confessions only, focuses on oppression/unreliability
- s78: applies to any evidence, focuses on trial fairness
What are the steps to exclude a confession?
- Notify court/prosecution in advance
- Time the application appropriately
- Hold a voir dire if facts disputed
- Make legal submissions
What happens if a confession is excluded?
- If it’s the main evidence, prosecution may drop the case
- If admitted, jury decides what weight to give it
