Procedures to Admit and Exclude Evidence

Question 1

What are the Turnbull guidelines?

Answer 1

Guidelines which set out factors for determining the reliability of identification evidence

Question 2

When must the Turnbull guidelines be followed?

Answer 2

If a case wholly or substantially relied on identification evidence which D disputes

Question 3

What are the 8 elements of the Turnbull guidelines?

Answer 3

1. Amount
2. Distance
3. Visibility
4. Obstruction
5. Known to the witness
6. Any special reason to remember suspect
7. Time
8. Errors

(Remember: ADVOKATE)

Question 4

What should a judge do if they conclude that identification evidence is weak after considering the guidelines and there’s no other supporting evidence?

Answer 4

Withdraw the case from the jury and enter an acquittal

Question 5

What is a Turnbull warning?

Answer 5

A special caution given to the jury before convicting D in reliance of identification evidence, as a mistaken or several mistaken Ws can be convincing

Question 6

Do Turnbull warnings apply to the identification of objects (e.g. a car)?

Answer 6

No - identification of people only

Question 7

Give 4 examples where a judge or jury may draw an adverse inference from D’s silence

Answer 7

1. Failure to reply to charge
2. Failure to give evidence at trial
3. Failure to account for an object, substance, or mark found on D’s person when arrested
4. Failure to account for presence at the crime scene

Question 8

An example of drawing an adverse inference when failing to reply to charge is where D puts forwards ___ ______ at trial which weren’t mentioned when they were ______

Answer 8

new facts, charged

Question 9

There is a rule against hearsay in criminal trials (it is generally not admissible)

What are 4 circumstances in which hearsay may be admissible in criminal trials?

Answer 9

1. Statute
2. Rule of law
3. Interests of justice
4. Agreement of the parties

(remember: RIAS)

Question 10

What are three situations in which hearsay may be admissible under statute?

Answer 10

1. Unavailable witness
2. Adducing a business document
3. Statements prepared for use in criminal proceedings

Question 11

Give 4 examples of witness unavailability for hearsay permitted by statute

Answer 11

W is:
1. Dead
2. Unfit
3. Impractical to secure their attendance if outside the UK
4. Unable to be found

Question 12

Name 2 requirements for a business document to be adduced as hearsay permitted by statute

Answer 12

1. Document created/received by other person in the course of trade/business
2. Personal knowledge of the matter by the person who adduced it

Question 13

Give three examples of statements prepared for use in criminal proceedings which may be admissible hearsay under statute

Answer 13

1. Earlier consistent/inconsistent statements of W
2. Expert evidence
3. Confessions (overheard by a W)

Question 14

What are 2 types of statements that can be admissible hearsay under the rule of law?

Answer 14

1. Contemporaneous statements
2. Res gestae statements

Question 15

What are the 3 types of res gestae statements?

Answer 15

1. W emotionally overpowered
2. Statements accompanying an act
3. Statements about physical or mental state

Question 16

What is multiple hearsay?

Answer 16

When a statement has been relayed through more than 1 person before it gets to court

Question 17

What are the only 4 situations in which multiple hearsay would be admissible?

Answer 17

1. Business document
2. Consistent/inconsistent statement
3. Agreement of all parties
4. Interests of justice

Question 18

What are 3 elements of a confession?

Answer 18

1. Any statement made wholly or partly adverse to the person who made it
2. Whether made to a person in authority or not
3. Whether made in words or otherwise

Question 19

Confessions are admissible if they are _______ to a matter in issue

This means if it goes to ______ or ________ some fact in issue between P and D

Answer 19

relevant

proving, disproving

Question 20

Confessions obtained in what 2 ways must be excluded under s76 PACE?

Answer 20

1. Oppression
2. Things said or done likely to render the confession unreliable

Question 21

When a confession is challenged on the basis of oppression/things said or done, the P must show beyond _________ ______ that neither oppression nor things said/done rendered the confession _______

Answer 21

reasonable doubt, unreliable

Question 22

In the Crown Court, the admissibility of a confession is decided by the _____ in the absence of a jury in a ____ _____ hearing

Answer 22

judge, voir dire

Question 23

In the Magistrates Court, if the bench decide the evidence is inadmissible, they must put the evidence ____ _____ _____ in deciding the case

This is because the bench is the trier of both law and ____

Answer 23

from their minds

fact

Question 24

s78 PACE provides the court have discretion to exclude evidence offered by P if the admission would have a what?

Answer 24

adverse effect on the fairness of the proceeding

Question 25

Courts may use their s78 power if police officers have ______ _____ _____ under PACE (e.g. obtaining evidence through illegal searches)

Answer 25

breached their duties

Question 26

A court won’t exercise its discretion to exclude evidence under s78 unless its breaches are significant and _________ and have rendered the evidence ______

Answer 26

substantial, unfair

Question 27

s76 PACE provides the court are under a mandate to exclude ________ which are _______ (e.g. due to oppression or things said or done)

Answer 27

confessions, unreliable

Question 28

What are the 7 grounds for the admission of bad character evidence (BCE)?

(clue: A.A.I.R.S.C.D)

Answer 28

a. Agreement of parties
b. Adduced by D
c. Important explanatory evidence
d. Relevant to an important matter in issue between P and D
e. Substantive probative value to an important matter in issue between co-defendants
f. Corrects a false impression made by D
g. D attacked another’s character

Question 29

A main example of the relevance to an important matter in issue ground of BCE is the _________ to commit an _______ or be ________

Answer 29

propensity, offence, untruthful

Question 30

Unless an offence has ______ or distinctive features in common with the previous conviction, propensity is unlikely to be made out on the basis of a _______ conviction

Answer 30

unusual, single

Question 31

For the gateway of BCE of “D attacked another’s character”, does this also include where D’s representative attacked another’s character?

Answer 31

Yes

Question 32

How many days notice within entry of a not guilty plea in the Magistrates Court must P provide if they wish to adduce BCE?

Answer 32

20 business days

Question 33

How many days notice within entry of a not guilty plea in the Crown Court must P provide if they wish to adduce BCE?

Answer 33

10 business days

Question 34

How many days does D have to object to the admission of BCE?

Answer 34

10 business days

Question 35

If BCE is sought to be adduced under the gateways:

1. ‘an important matter in issue between the prosecution and defence’ or
2. ‘the defendant attacked another’s character’

The court must not admit the evidence if what 2 requirements are met?

Answer 35

1. D makes an application to exclude it and
2. it appears to the court that the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court must not admit it.

(remember: this is a mandatory test - the courts must exclude it)

Question 36

Give 2 examples of how good character evidence (GCE) can be evidenced

Answer 36

1. Lack of criminal record
2. Commendable behaviour

Question 37

If D has no previous convictions, they are automatically entitled to have the judge give a good character _______, in that such a person is less likely to commit the offence and is more likely to be ______ when asserting their __________

Answer 37

direction, credible, innocence