Issues in evidence

Question 1

Admissibility of evidence

Answer 1

To be decided by the judge
Question of admissibility is whether he evidence is relevant to a fact in issue
All evidence of facts in issue and evidence which is sufficiently relevant to prove or disprove facts in issue are potentially admissible

Question 2

Weight of evidence

Answer 2

Once it has been decided that evidence is admissible it is put before the court to decide what weight it will attach to the evidence
Basically how much effect does it have on proving or disproving the case

Question 3

Evidence gathering

Answer 3

Investigation of offence will involve information gathering
From this it will later be decided with the CPS what is and is not evidence
So these rules of evidence should not restrict the initial collecting of information

Question 4

Reasons for excluding admissible evidence

Answer 4

Common law says the trial judge has a general discretion to exclude legally admissible evidence tendered by the prosecution
If the evidence is relevant to the matters in issue then it is admissible and the court is not concerned with how the evidence was obtained
Evidence may also be excluded for:
Incompetence of the witness
If it relates to previous convictions, the character or disposition of D
Hearsay
Non-expert opinion evidence
Privileged information
If it is withheld as a matter of public policy
Also under s76, 78 PACE

Question 5

Facts in issue

Answer 5

These are facts which must be proved by the prosecution in order to establish Ds guilt, or in exceptional cases facts which are the essential elements of a defence where the burden is on D to prove the defence
Facts will include:
Identity of D
Actus reus
Mens rea

Question 6

Burden of proof

Answer 6

Facts in issue fall into 2 categories:
Facts that prosecution bear the burden of proving or disproving in order to establish Ds guilty
Facts which the defence need to prove to show D is not guilty

Question 7

Duty of the prosecution

Answer 7

Prosecution have the legal burden of proving all elements of the offence in order to prove guilt
Must be proved beyond all reasonable doubt

Question 8

Duty of the defence

Answer 8

Exceptionally the defence may have the burden of proof

This standard is less rigorous than the prosecution and only needs to be on the balance of probabilities