Evidence - Basic Principles Flashcards
What are facts in issue?
The facts that party need to prove in order to prove its case
What are facts in issue for the prosecution?
Essentially, they need to prove the offence that is charged
What are facts in issue for theft?
- D appropriated property
- Belonging to another
- Dishonestly
- Intention of permanently depriving another of it.
What are the ways in which evidence can be established without presenting live evidence?
1) Agreeing a witness statement as true by consent of parties
2) Agreeing any fact between the parties
3) A judge or jury to take ‘judicial notice’ of the fact
What happens if a witness statement is agreed as true?
No need to have them present in court
What happens if a witness statement is challenged?
They will be called and must be challenged orally in court
How are facts agreed between parties?
Fact is reduced to writing and both parties agree and sign it
What is judicial notice?
This is when facts are just ‘known’, so no point in proving them.
What is judicial notice on enquiry?
When a judge knows a fact can be found out, but just need to research it.
Are the jurors allowed to do their own research?
Never
What happens if a juror has personal knowledge of a case?
They must inform the court, and the judge will deal with it
What are the different types of evidence?
1) Oral evidence
2) Written evidence
a. Agreed statements
b. Admitted facts
3) “Real” evidence
4) “Direct” evidence
5) “Circumstantial” evidence
6) A “view”
What is real evidence?
Physical items that can be brought to court for inspection
What is direct evidence?
First-hand experience of a witness
What is circumstantial evidence?
Evidence from which the facts are inferred
What is an example of direct evidence and circumstantial evidence from a train station?
- Witness saw D at the train station at midnight (direct oral evidence)
- A train ticket was found on D with the arrival time at midnight (circumstantial real evidence)
What is a “view” in evidence?
When juries can visit scene of a crime, or leave to inspect an object that cannot be brought into court
What is relevance in evidence?
If evidence is irrelevant, it is inadmissible. If its relevant, it is admissible.
What is the case of R v Usayi regarding the note evidence?
- D charged with sexual assault
- A note from victim which showed her lying about mother passing away
- Court found insufficient relevance – should not have been admitted
What are exclusionary rules?
Rules that might exclude evidence
What is an example of exclusionary rule with police?
If they obtained evidence by illegality, for example
Could the weight of evidence affect its admissibility?
Yes
What is an example of weak evidence and drunk person?
Drunk witness catching a fleeting glimpse of person committing a crime
Who is the tribunal of fact in criminal cases?
1) Magistrates – the Bench of Magistrates / District Judge
2) Crown Court – the Jury
Who is the tribunal of law?
1) Magistrates – the Bench of Magistrates / District Judge
2) Crown Court – the Judge
Are issues of admissibility of evidence matters or fact or law?
Matter of law
So what is the judge’s role in tribunal of fact / law?
They will direct the jury, and it is up for the jury to decide based on the facts
What is the issue with the Magistrates not have a jury?
They have to hear inadmissible evidence, and then pretend like they didn’t, even though it might sway their decision
