Evidence: Excluding evidence Flashcards
How may evidence be excluded?
- application for dismissal
- no case to answer
- abuse of process
- common law discretion
- s78 unfairness
When can an application for dismissal be made?
- only after sent to crown court
- only after defendant received evidence
- only before arraignment
What is the test for a dismissal?
Evidence not sufficient for proper conviction
Where and when can a submission of no case to answer be made?
- magistrates or crown court
- after close of prosecution case
What are the two limbs of the test for submission of no case to answer?
No evidence to support charge?
Some evidence - can conviction be properly founded upon?
What must happen where a submission of no case to answer is made?
Opportunity for prosecutor to make representation
What are the grounds for an application of abuse of process?
- no fair trial or
- unfairness (integrity of criminal justice system)
What is the burden of proof for abuse of process and who is it on?
Balance of probabilities (on defence)
What are the requirements for evidence to be excluded under s78 PACE?
Adverse effct on fairness of proceedings
What is an application to exclude evidence under s78 usually based on?
Significant and serious breach of COP
What will be needed where the prosecution and defence dispute the facts which a s78 application to exclude is based on?
Voir dire
What is the common law power to exclude evidence?
Prejudicial effect outweighs probitive value
