CLP WK 5 Flashcards
What is the burden of proof in criminal law?
The responsibility to prove the elements of a case. In criminal cases, the burden is on the prosecution.
On whom does the burden of proof rest in criminal cases?
The prosecution.
What is the standard of proof in criminal cases?
Beyond reasonable doubt.
Which landmark case established the burden and standard of proof in criminal law?
Woolmington v DPP
Does the burden of proof ever shift to the defendant?
Yes, in limited circumstances when the defendant raises a specific defence, such as insanity.
What is the standard of proof for a defendant who bears the burden of proof for a defence?
On the balance of probabilities.
What is the legal burden of proof?
The requirement to prove certain facts to a specific legal standard.
What is the prosecution’s legal burden?
To prove all elements of the offence beyond reasonable doubt.
What is the evidential burden of proof?
The requirement to raise enough evidence to allow an issue to be considered by the jury.
Does the defence typically have an evidential burden?
No, unless they raise an active defence, such as self-defence.
Which case established the concept of evidential burden?
R v Lobell
Provide an example of when the legal and evidential burdens might detach.
Self-defence: the defence has the evidential burden to raise some evidence, but the prosecution retains the legal burden to disprove it beyond reasonable doubt.
What case clarified that the prosecution must disprove self-defence beyond reasonable doubt?
R v Williams (Gladstone)
Which case provides the legal framework for assessing visual identification evidence?
R v Turnbull
What are the Turnbull Guidelines?
Judicial guidelines to ensure the reliability of visual identification evidence in criminal trials.
What is the purpose of the Turnbull Guidelines?
To address concerns about the potential for mistaken identification, even by convincing witnesses.
What are the three key components of a Turnbull direction?
- Warning the jury about mistaken identification. 2. Directing them to examine the identification circumstances. 3. Highlighting weaknesses in the identification evidence.
What factors might the judge consider when assessing the need for a Turnbull direction?
Lighting, distance, duration of observation, and the witness’s eyesight or experience.
What should the judge do if the identification evidence is poor and unsupported by other evidence?
Withdraw the case from the jury.
What mnemonic is used to assess the quality of identification evidence?
ADVOKATE
What does the “A” in ADVOKATE stand for?
Amount of time under observation.
What does the “D” in ADVOKATE stand for?
Distance between the witness and the accused.
What does the “V” in ADVOKATE stand for?
Visibility: whether it was clear or obstructed.
What does the “K” in ADVOKATE stand for?
Known or seen before: whether the witness had encountered the accused previously.
What does the first “A” in ADVOKATE stand for?
Any reason to remember: whether the witness had a specific reason to recall the accused.
What does the “T” in ADVOKATE stand for?
Time lapse between the event and the identification.
What does the “E” in ADVOKATE stand for?
Error or material discrepancy in the witness’s description.
Is dock identification encouraged in UK courts?
No, it is generally discouraged as it can be prejudicial and unreliable.
What is a confession in legal terms?
Any statement wholly or partly adverse to the person who made it, whether made to a person in authority or not.
Which section of PACE defines a confession?
s.82(1)
Provide examples of what might be considered a confession.
Unequivocal admissions (“I did it”), mixed statements (“I didn’t do it, but I was there”), and non-verbal admissions (nodding or pointing).
Are wholly exculpatory statements considered confessions?
No, statements claiming innocence (“It wasn’t me”) are not confessions.
Which section of PACE governs the admissibility of confessions?
s.76.
Under what two conditions can a confession be excluded under s.76 PACE?
- The confession was obtained through oppression.
- The confession was made in consequence of something said or done that was likely to render it unreliable.
What is the definition of oppression under PACE?
Torture, inhuman or degrading treatment, and the use or threat of violence.
Which case clarified the meaning of oppression under PACE?
R v Fulling
What factors might make a confession unreliable?
Promises, inducements, threats, denial of legal advice, failure to provide an appropriate adult.
What is the test for unreliability of a confession?
Objective: considering all circumstances surrounding the confession.
Once an issue of oppression or unreliability is raised, what is the burden on the prosecution?
To prove beyond reasonable doubt that the confession was not obtained improperly.
Can evidence discovered as a result of an excluded confession be admitted?
Yes, under s.76(4)(a) PACE, facts discovered as a result of the confession are admissible even if the confession is excluded.
What is the purpose of a voir dire?
To resolve disputed facts about how a confession was obtained.
Who decides whether a confession is admissible after a voir dire?
The judge
In the Crown Court, does a voir dire take place in the presence of the jury?
No, it takes place without the jury present.
What happens if a judge excludes a confession?
The prosecution may have to offer no evidence, leading to an acquittal.
What is s.78 PACE concerned with?
Excluding evidence if its admission would adversely affect the fairness of the proceedings
What is the key difference between s.76 and s.78 PACE in relation to confessions?
s.76 focuses on the reliability of the confession, while s.78 focuses on the overall fairness of the trial.
Which case illustrated that s.78 PACE could exclude confessions even if they were not unreliable under s.76?
R v Keenan
What are the potential consequences for the prosecution failing to comply with disclosure obligations?
Abuse of process applications, quashed convictions, delays, wasted costs, and exclusion of evidence.
If a defendant refuses to answer any questions in a police interview for an indictable offence, can the court later draw adverse inferences?
Yes, the court can draw adverse inferences if the defendant relies on a fact at trial that they did not mention in the interview
Does a defendant in a criminal trial for the offence of malicious wounding under s.20 OAPA 1861 have a legal or evidential burden to discharge?
No. The burden of proof lies with the prosecution to prove all elements of the offence beyond reasonable doubt.
