L15 - Exhibits part A Flashcards
What is an exhibit?
An item produced for inspection by the court
S48(4) of the Evidence Act states that if a document is not available, OR the existence/content is not in issue, you can adduce by tendering a copy, extract, summary OR?
you can adduce evidence from witness about the contents of the document
Wade v DPP (7/11 case)
You have 50,000 still images relating to an assault for a contest hearing. You want to submit it as a video file at court, can you? if so what do you have to do and under what legislation?
Yes, you can make an APPLICATION under section 50 of the Evidence Act relating to voluminous/complex documents which states you MAY ON APPLICATION adduce evidence in the form of a summary and you must serve a copy of the proposed summary and give the other party reasonable time to view it.
(Example in lecture regarding the taxi driver and assault)
You are running a contested hearing for a serious assault. A CSO had taken photos of the scene. Who must prove the CSO’s took the photos and who must explain its relevance to the hearing?
The CSO. They must explain how the photos were taken, what was present when it was taken and who was present when it was taken.
What is the process for tendering exhibits?
Show, Identify, Verify and Tender
When you have an exhibit that multiple witnesses need to view but you don’t want to tender it just yet, what will you say to the court
Mark for identification
For Road Safety Act Traffic Camera matters what certificates should you hand up? And for handheld devices what certificate?
Section 83A RSA Certificate, and 84.
Do not hand up 83 as well, as the 83A has this information. For handheld device though, section 83 RSA Certificate.
