Criminal Tests Flashcards
What is s78 PACE?
In any proceedings the court may refuse to allow evidence on which the prosecution proposes to rely to be given if it appears to the court that, having regard to all the circumstances, including the circumstances in which the evidence was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.
What is s76(1) PACE?
In any proceedings a confession made by an accused person may be given in evidence against him in so far as it is relevant to any matter in issue in the proceedings and is not excluded by the court in pursuance of this section.
What is s76(2) PACE?
If, in any proceedings where the prosecution proposes to give in evidence a confession made by an accused person, it is represented to the court that the confession was or may have been obtained—
a) by oppression of the person who made it; or
b) in consequence of anything said or done which was likely, in the circumstances existing at the time, to render unreliable any confession which might be made by him in consequence thereof,
the court shall not allow the confession to be given in evidence against him except in so far as the prosecution proves to the court beyond reasonable doubt that the confession (notwithstanding that it may be true) was not obtained as aforesaid.
What are the 4 requirements for a s34 negative inference?
- An accused is questioned under caution or on charge
- The accused fails to mention a fact
- The fact is one that the accused could reasonably have been expected to mention
- The accused relies on that fact in evidence in Court
What is s35 CJPOA?
At the conclusion of the evidence for the prosecution, the Court shall ensure that the accused is aware that he can, if he wishes, give evidence and that, if he chooses not to give evidence, or having been sworn, without good cause, refuses to answer any question, it will be permissible for the court or jury to draw such inferences as appear proper from his failure to give evidence or his refusal, without good cause, to answer any question..
What are the 5 conditions for a negative inference under s36 CJPOA?
- The accused is arrested
- The accused has on his person any object, substance or mark
- The police reasonably believe that the presence of the object, substance or mark may be attributable to the participation of the person arrested in the commission of an offence
- The constable informs the person arrested that he so believes, and requests him to account for the presence of the object, substance or mark
- The person refuses to do so
What are the 4 conditions for a negative inference under s37 CJPOA?
- A person is arrested at the place that an offence for which he was arrested is alleged to have been committed.
- The police reasonably believe that the presence of the person at that place and at that time may be attributable to his participation in the commission of the offence;
- The constable informs the person that he so believes, and requests him to account for that presence; and
- The person fails or refuses to do so,
What are the 4 elements that must be satisfied for a statement to be hearsay?
- There must be a statement made
- The statement must be made not in the course of oral proceedings
- The statement must be made to persuade the intended recipient of the truth of its contents
- The evidence must be adduced to prove the truth of its contents regarding a matter in issue.
What are the elements of a Turnbull direction?
SRICEM ECIM
- An explanation that the case wholly or substantially relies on identification evidence
- A warning as to the special need for caution and the reasons for such caution
- An explanation that a mistaken witness can be convincing
- A direction to examine closely the circumstances in which the identification was made
- A reminder that a mistaken recognition can occur even with close friends and relatives
What are the contents of a Lucas direction - given to tell the jury when they can rely on lies as evidence?
DMGBRE
- The lie must be Deliberate
- The lie must concern a Material issue
- The lie must be motivated by Guilt or fear
- The lie must be proven BRD
- People lie for many Reasons
- The lie can only support Evidence.
What is the test for the admissibility of expert evidence?
- The subject matter forms part of a body of knowledge or experienced which is sufficiently organised or recognised to be accepted as a body of knowledge or experience
- The expert witness has the requisite experience of that subject matter.
Name 5 things the Crim PR says that expert evidence should state?
- The qualifications and relevant experience of the expert
- The content of the instructions
- The questions asked
- What material was provided to the expert
- Any range of opinion on a matter
- That the expert has complied with his duty
- Any extracts from relevant literature relied on.
What is the test for witnesses using documents to refresh memory at s139 CJA 300?
A person giving oral evidence may use a document to refresh his memory if:
a) He states in his oral evidence that the document records his recollection of the matter at an earlier time
AND
b) His recollection of the matter is likely to have been significantly better than it is at the time of his oral evidence.
When will previous consistent statements be admissible?
- To rebut an allegation of recent fabrication
- The statement was made by the witness when the matters stated were fresh in his memory but he dos not remember them and cannot reasonably be expected to remember them well enough to give oral evidence
- The evidence is evidence of recent complaint
What are the conditions for recent complaint evidence to be adduced?
- The witness claims to be the person against whom the offence was committed.
- The statement consists of a complaint which would constitute the offence
- The complaint was made as soon as could reasonably be expected after the incident
- The complaint was not made as a result of a threat or promise
- Before the complaint is adduced the witness gives oral evidence in connection with its subject matter
