PROCEDURES TO ADMIT AND EXCLUDE EVIDENCE

Question 1

In what circumstances must the Turnball guidelines be followed?

Answer 1

Where a case wholly or substantially relies on identification evidence which the defendant denies.

Question 2

What do the Turnball guidelines do?

Answer 2

They are guidelines that set out factors to help to determine the reliability of identification evidence.

Question 3

The Turnball guidelines can be set out by using the memory aid “ADVOKATE”.

What does this stand for

Answer 3

A - amount of time witness observed the suspect
D- distance
V- visibility
O- obstruction?
K- known?
A- any special reason to remember?
T- time between
E- errors in the first description

Question 4

What should happen if the judge determines that evidence is weak and without other support?

Answer 4

They should withdraw the case from the jury and enter an acquittal.

Question 5

In the event of a case having wholly/mostly identification evidence that the defendant disputes, they are entitle to a Turnball warning. What are the three key features of a Turnball warning?

Answer 5

1. That there is a special need for caution before convicting a defendant on the basis of identification evidence as mistaken witnesses can be convincing.
2. that the circumstances of the identification evidence should be considered.
3. the weaknesses of the witnesses identification evidence based on the above.

Question 6

What is hearsay evidence?

Answer 6

Something that someone has said outside of court.

Question 7

Hearsay evidence is generally admissible in civil trials, in criminal trials it is ONLY admissible if: (3 things)

Answer 7

1. admissibility is provided for in statue or rule of law.
2. if admissibility of the hearsay evidence is in the interests of justice.
3. if all parties agree that hearsay evidence should be indmissable.

Question 8

What can a confession be defined as?

Answer 8

Any statement that it at least partly adverse to the person to the who made it.

Question 9

Are confessions admissible?

Answer 9

Yes, if they are relevant to the matter in issue.

Question 10

The defence can challenge the admissibility of a confession on 2 main grounds, what are these?

Answer 10

1. Mistake (listener misheard) or
2. On the basis of untruth (obtained by oppression or things said or done likely to make the confession unreliable.

Question 11

The court has discretion to exclude evidence offered by the prosecution if it appears to the court, considering all of the circumstances, that the admission of the evidence would have an adverse effect on the fairness of proceedings.

What is an example of evidence that may be excluded on this basis?

Answer 11

• often used if police officers have breached their PACE obligations when obtaining evidence (eg- unlawful search procedure)

Question 12

There are 7 grounds for admitting bad character evidence, what are these?

Answer 12

1. all parties agree
2. the bad character evidence is brought up by the defendant
3. the evidence is required to properly understand that other evidence of the case
4. the evidence is key to an important matter in issue
5. the evidence is key to an important matter in issue between co defendants (such as when co defendants are blaming each other for an offence).
6. the evidence is needed to correct a false impression given by the defendant
7. the defendant has attacked another witnesses character

Question 13

If a defendant has no previous convictions, what are they automatically entitled to by the Judge?

Answer 13

A good character direction.

NB- a defendant with a good character direction is less likely to have committed the offence and is likely to be more credible when asserting evidence.