Summary One Flashcards
1
Q
What is Evidence?
A
Evidence is the term for the whole body of material that is presented to the Court or Tribunal, ie in Criminal cases to take into account in reaching their decision.
2
Q
The rules of evidence?
A
They determine the form in which, and the means by evidence may be presented to court. They are found in both specific statutory provisions and in case law.
3
Q
In a proceedings, evidence can be given?
A
- In the ordinary way
- In an alternative way - by video link
- Any other way set out in the Evidence Act 2006 or any
other enactment.
4
Q
Where does the burden of proof lie with?
A
It lies with the Prosecutions except:
- the defence of insanity is claimed
- specific statutory exceptions exist
- the offence is a public welfare regulatory offence.
5
Q
The standard of proof for prosecutions?
A
Is “beyond reasonable doubt”
6
Q
The standard of proof for defence?
A
On the “balance of probabilities”
