F8.45 (1st sub-paragraph only) – Real Evidence, Tangible Objects

Question 1

What is ‘real evidence’?

Answer 1

Usually some material object, the existence of which is in issue or relevant to an issue, produced in court for inspection by the tribunal of fact.

Question 2

Usually what is required to accompany real evidence to attach weight to it?

Answer 2

Little if any weight can attach to real evidence in the absence of accompanying testimony identifying the object and connecting it with the facts in issue.

Question 3

In some cases, the tribunal of fact must not draw its own unaided conclusion from real evidence. What is required?

Answer 3

Expert testimony.

See, e.g., Tilley [1961] 3 All ER 406 and Hipson [1969] Crim LR 85 (comparison of handwriting).