Key Evidential Concepts

Question 1

Burden and Standard of Proof

Answer 1

Burden of proof - Deals with the question of which party must prove the case
Persuasive - Who required to satisfy court on particular issue (PF in criminal, pursuer in civil) Allocated by law
Evidential - Producing sufficient evidence of a fact to enable the court to being considering. Usually burdens on same on party

Standard of proof - Beyond all reasonable doubt - Criminal
Balance of Probabilities - Civil

Question 2

Relevancy

Answer 2

Evidence has to be to logically relevant in order for the court to allow it to be led.

Strathmore Group Ltd v Credit Lyonnais - material in question has direct bearing on the subject under investigation

HM Advocate v Ballie - Nazi sympathiser, war monument

Brady v HM Advocate - Not admissible to lead evidence on collateral matters

Question 3

Relevancy sexual history

Answer 3

Dunnigan v HM Advocate - Younger person sex, embarrassing

Kinnin v HM Advocate - Adulterous relationships liked them, held to be relevant, undermined act
Wright v HM Advocate - Kiss neighbour, too much time had passed

Question 4

Relevant Criminal convictions

Answer 4

Leggate v HM Advocate - Police had conspired to prevent justice, held it did apply
Sinclair v MacDonald - Procuestion witness conspired and allowed questioning on witness

If reference made to previously convictions then may or may not be excused

Cordiner and An’r v HM Advocate - Charged with 3 crimes, in prison at time of one attempt to make jury aware of it

Duncan v HM Advocate - Minor offence doesn’t matter, about test of prejudice to the accused.

Question 5

Admissibility

Answer 5

All admissible evidence must first be relevant, but not all relevant items of evidence will be admissible

Judges decide within the case if there is objection to evidence.

Question 6

Sufficiency

Answer 6

Is there enough evidence to discharge standard of proof. This is corroboration in Scots law.
No case to answer

Question 7

Weight

Answer 7

Domain of Juror. There will be a certain amount of reliance on relevant and admissible evidence. Only done after all evidence led. Credibilty and reliability are concepts which are key to assessment of the weight.