Evidence and Courts Flashcards
Describe a Magistrates court
- 3 Magistrates
- every hearing goes here first
- can hand out up to 6 months prison sentence
What are Magistrates referred to as in Magistrate’s courts?
Your Worship
Describe a Crown court
- 1 judge, 12 jurors
- Indictable offences, broad sentencing powers
- Judge decides on points of law, jurors decide on points of fact
What are Judges referred to as in Crown courts?
Your Honour
What other courts are there?
Appeals, Supreme, Youth, Civil, Coroner’s
Why is it important to maintain the integrity and continuity of evidence?
To ensure it is admissible in court
What makes evidence inadmissible in court?
- Incompetent witness i.e. hearsay, intoxicated at time of crime
- Non-expert opinions
- Privileged information i.e. obtained illegally
How does court work?
- Testimony and examined
- Cross-examined
- Re-examined but only on topics you were cross-examined on
What does FSR say about CSI code of conduct in court?
- Recognise your duty is to the court and justice
- Act with honesty, integrity, objectivity and impartiality
- Act and provide expert advice and evidence only within the limits of your professional experience
What is ‘original’ evidence?
Witness testimony (expert or lay) under oath or affirmation
Are CSI experts?
NO they are PROFESSIONAL WITNESSES
What is ‘real’ evidence?
Physical items, materials or exhibits
What is ‘documentary’ evidence?
records i.e. scene report, witness account, photographs, maps/plans, video (CCTV, voicemails, 99 calls)
What is ‘secondary’ evidence?
a copy or representation where the original cannot be reproduced i.e. graffiti at scene
What is ‘circumstantial’ evidence?
supporting evidence of a relevant fact that is not conclusive of offence/guilt i.e. foot/tool marks and fingerprints
What is ‘opinion’ evidence?
Expert witness only, one who is recognised, qualified and peer-accepted
What is integrity?
Honesty, accountability, avoidance of contamination i.e. diff personnel/vehicles for diff scenes/suspects/criminals
What is continuity?
Audit trails of location/time, transit records, storage records etc
