Evidence

Question 1

What are facts in issue?

Answer 1

The facts parties need to prove in order to prove their case

Question 2

What are the facts in issue for the prosecution?

Answer 2

Facts that are needed to prove the offences charged

Question 3

What are the two types of evidence?

Answer 3

• live evidence
  -evidence that is not live

Question 3

What is live evidence?

Answer 3

Evidence given by a witness including the parties

Question 4

What are other ways of establishing evidence?

Answer 4

-agreeing to a witness statement as true
-agreeing fact between parties
-a judge or jury taking judicial notice

Question 4

Agreeing a witness statement as true by consent of the parties

Answer 4

When a written statement from a witness is read out.
If the written statement is disputed the party will have to be called and challenged orally.

Question 5

Agreeing any fact between the parties

Answer 5

The fact is in writing and both parties must agree and sign the statement

Question 6

Judicial notice

Answer 6

When facts can simply be found from a source (common knowledge) but the judge doesn’t know the answer off the top of their head, they can look up the answer.

Question 7

Who cannot do their own research?

Answer 7

Jurors

Question 8

What forms can evidence come in?

Answer 8

Oral evidence, written, ‘real’, ‘direct’, ‘circumstantial’ and a ‘view’

Question 9

What is real evidence?

Answer 9

Objects or things that are brought to their court for inspection, can be documents.

Question 10

What is direct evidence

Answer 10

Evidence where a witness has had direct experience of a matter

Question 11

What is circumstantial evidence?

Answer 11

Evidence in which facts can be inferred from

Question 12

What is ‘a view’

Answer 12

When juries visit a crime scene or leave court to view an object that cannot be brought to court.

Question 13

For evidence to be relevant, it must be admissible? True or False

Answer 13

True

Question 14

What would you class irrelevant evidence as?

Answer 14

Inadmissible

Question 15

Can evidence be relevant and still inadmissible?

Answer 15

Yes because exclusionary rules may apply and the evidence may not be very strong

Question 16

Who in a case is responsible for determining the facts?

Answer 16

The tribunal of fact

Question 17

Who is the tribunal of fact in the magistrates court?

Answer 17

The bench of magistrates or a District judge

Question 18

Who is the tribunal of fact in the crown court?

Answer 18

The jury

Question 19

Who is the tribunal of law in the crown court?

Answer 19

The judge

Question 20

Once something have been ruled as inadmissible by the tribunal of law, can the tribunal of fact be aware of the inadmissible evidence?

Answer 20

No

Question 21

What are the facts in issue?

Answer 21

The facts the prosecution bear the burden of (dis)proving in order to establish the guilt of the accused and the facts that in exceptional cases, the accused bears the burden of proving in order to establish the defence.

Question 22

Ways of excluding evidence

Answer 22

-Applications for dismissal
-Submissions of no case to answer ]
-Applications to exclude evidence under s78 PACE
-Applications to exclude confessions under s76 PACE
-Applications to exclude evidence under s82(3)PACE
-Abuse of process applications.

Question 23

When are applications for dismissal typically made?

Answer 23

(1) only after a defendant is sent by the magistrates’ court for trial to the Crown Court;

(2) only after the defendant has been served with the evidence relating to the offence; and

(3) only before the defendant is arraigned (ie the offence is put to D and D pleads guilty or not guilty).

Question 24

What do applications of dismissal aim for?

Answer 24

To have the charges against a defendant dismissed

Question 25

Who are dismissal applications made to?

Answer 25

The crown court judge

Question 26

What are the grounds for a successful application of dismissal?

Answer 26

There is no evidence the crime has been committed by D or the evidence is not enough to properly convict D

Question 27

When can a submission of no case to answer be made?

Answer 27

After the prosecution case has been made and before the defence case.

Question 28

What test is used for submissions of no case to answer?

Answer 28

Galbraith test

Question 29

What are the two limbs of the Galbraith test?

Answer 29

1st limb - There is no evidence to support the charge.
2nd limb - Where evidence is weak

Question 30

When a defence might apply for abuse of process

Answer 30

-D has been tricked or coerced into committing an offence
-D is prosecuted despite unequivocal promises by P that they will not be
-Police have acted in a way which undermines public confidence
-P has manipulated or misused the process of the court to deprive D of protection offered by the law.

Question 31

What happens if the prosecution has deliberately delayed proceedings in order to gain tactical advantage?

Answer 31

The may be deemed as an abuse of process.

Question 32

What happens if an application of abuse of process is successful?

Answer 32

The prosecution will not be able to proceed but this us not the same as a not guilty verdict but there will be no conviction

Question 33

Will D have to prove an abuse of process?

Answer 33

Yes

Question 34

Who can make an application under s.78 PACE 1984 to exclude evidence?

Answer 34

The defendant in relation to evidence on which the prosecution proposes to rely

Question 35

s78 PACE applications (exclusion of unfair evidence)

Answer 35

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

Question 36

What is the fundamental concept of s78 PACE

Answer 36

fairness

Question 37

Who cannot use s78 PACE?

Answer 37

Prosecution or a co-defendant

Question 38

What evidence can be excluded by s78?

Answer 38

evidence obtained unlawfully, improperly or unfairly