Evidence

Question 1

What is evidence?

Answer 1

Body of material that judge or hurt may take into account in reaching decision.

May be oral, written or visual

Question 2

What are the 3 rules of evidence?

Answer 2

Three main categories
How it may be given
Who may give it
What type of material can be given

Question 3

In S6 of EA 2006 what is the purpose of the act?

Answer 3

To help secure determination of proceedings
6 objectives:
Providing for facts to be established by logical rules
Providing rules for evidence that recognise BORA
Promoting fairness to parties and witnesses
Protection rights and confidentiality an other important public interests
Avoiding unjustifiable expense or delay
Enhancing access to the law of evidence

Question 4

Section 7 (Fundamental principle that relevant evidence admissible) outlines that all evidence is admissible except evidence that is…?

Answer 4

Inadmissible under this act or any other act

Excluded under this act or any other act

Any evidence not relevant is not admissible. Evidence is relevant if tendency to prove or disprove anything or consequence to the determination of the proceeding.

Relevance is necessary but not a sufficient condition of admissibility.

Question 5

What does S8 (General exclusion) EA 2006 outline?

Answer 5

States that judge may exclude evidence if probative value is outweighed by risk that evidence will:
Have unfairly prejudicial effect on proceedings or
Needlessly prolong proceeding

If evidence does this it may be excluded even when it satisfies conditions for admissibility elsewhere.

Probative value must outweighs prejudicial effect or prolonging of proceedings to be admissible