Preliminary Evidence Issues Flashcards
What facts are able to be admitted under s.10 CJA?
Any fact which is admissible
Can admissions be withdrawn?
Yes - but very unlikely to be granted unless there is evidence that the admissions were made as a mistake or a misunderstanding
What is the cardinal rule when it comes to admissibility of evidence?
If sufficiently relevant to the facts in issue, it is admissible
Is good character evidence of the defendant admissible?
Yes - usually
Is good character evidence of witnesses admissible?
Not usually
Seen as oath helping. The oath is why they should be believed
When is good character evidence of witnesses admissible?
When it is relevant to an issue in the case
If defence attach a witnesses character, prosecution are entitled to adduce evidence in reply (and vice versa)
What is direct evidence?
That which proves a fact without inference
What is circumstantial evidence?
evidence of relevant facts i.e. evidence from which facts can be inferred
What weight is placed on circumstantial evidence?
This is for the tribunal of fact to decide.
Does not necessarily follow that direct evidence is better than circumstantial
What is real evidence?
an object
What is a view?
A visit to site
Who should attend a view?
Judge, tribunal of fact, parties, counsel, shorthand writer
When should a view take place?
Before summing up (crown court)
Before evidence is closed (mags)
What is the relevance of s.78 PACE
discretionary power to exclude otherwise admissible evidence
What is the test under s.78 PACE?
It must appear to the court that (having regard to all the circumstances, including how it was obtained) the admission of the evidence would have such an adverse effect on the fairness of proceedings it ought not be allowed
Can s.78 exclusion of evidence be appealed?
Yes - but only on grounds of Wednesbury unreasonableness
