Procedure for excluding evidence under PACE Flashcards
What must a judge in the Crown Court do before determining a s.78 application if there is a dispute on the facts relating to the application?
Resolve the factual matter between the defence and the prosecution
What is the burden and standard of proof in criminal cases?
Beyond reasonable doubt
This standard applies to finding in favour of the prosecution’s version of the facts.
What type of evidence will be presented by the prosecution and defence in a voir dire?
Evidence relating only to the matters in dispute
Who is present during a voir dire in the CC?
Judges only - It takes place in the absence of the jury
In the Magistrates’ court, when can magistrates rule on a s.78 application?
When it arises or after hearing all the evidence
Why might a ruling on admissibility be made early in a case in the MC?
To allow the defendant to know if the evidence is part of the case
This helps in preparing for cross-examination and making submissions for no case to answer
What is the advance notification requirement in the magistrates’ court?
Any defence skeleton argument in support must be submitted at least 10 business days before trial, and the prosecution response must be submitted 5 business days after that.
What is the timing for applications under s.76 in the magistrates’ court?
Any application under s.76 should be dealt with as a preliminary issue.
What is the voir dire procedure in the magistrates’ court for applications under s.76 or both s.76 & s.78 where the evidence is disputed?
The magistrates should hear evidence on the matter and decide the applications as a preliminary issue.
What happens if the application in a magistrates’ court is only under s.78?
The magistrates have a discretion to hear all the evidence in the usual way and decide upon its admissibility at a later stage.
What is the advance notification requirement in the Crown Court?
Generally at the PTPH, the judge is likely to order when the defence is to serve a skeleton argument in support of any s.76/78 arguments, when the prosecution serves a response, and when the arguments will be heard.
What is the timing for the application to exclude the confession in the Crown Court?
The application can be made at a pre-trial hearing listed specifically for this purpose or it can be dealt with just prior to opening the case to the jury (and in the absence of the jury).
When is a voir dire required in the Crown Court?
It is required where the application is made under s.76 (or both s.76 and s.78) and the evidence founding the application is in dispute.
