Relevance, Admissibility, Weight and Judicial Discretion

Question 1

To be admissible evidence must be relevant

Answer 1

DPP v Kilbourne [1973]

Question 2

Relevant evidence is admissible, regardless of how it was obtained- even stolen

Answer 2

R v Leatham [1861]

Question 3

Besides relevance, what else is admissibility subject to…(clue discretion)

Answer 3

subject to exclusionary (hearsay) and inclusionary rules + JUDICIAL DISCRETION (s.78 and s.82 (3) PACE 1984)

Question 4

When is the question of admissibility decided and who is not present during this time?

Answer 4

‘voir dire’; jury is sent out

Question 5

‘no case to answer’ submission- case + explain

Answer 5

R v Galbraith [1981]- Lord Lane- the prosecution’s case taken at its highest is one upon which a properly directed jury could not convict

Question 6

in summing up: must direct jury as to burden and standard of proof

Answer 6

Woolmington v DPP [1935]

Question 7

accurate summary of issues of fact, evidence and arguments of both sides

Answer 7

R v Curtin [1996]

Question 8

FAIRLY AND WITHOUT BIAS

Answer 8

R v Marr [1989]; R v Sparrow [1973]

Question 9

serious errors in summing up of the judge may result in conviction being quashed

Answer 9

R v Bentley [2001]