Unit 3 AC2.3 Understand rules in relation to the use of evidence in criminal cases Flashcards
Relevance and admissibility
Evidence should always be relevant, reliable and admissible. However, this is not always the case. There are many cases where these simple rules have not been followed.
Pre-Trial Silence
A suspect’s failure to give an explanation when questioned by the police under caution may allow the jury at the trial to draw an inference of guilt under the Criminal Justice and Public Order Act 1994 (CJPOA).
This applies even if the suspect has received legal advice. Inferences alone cannot establish guilt; other evidence is needed.
Character Evidence and Past Convictions
Under the Criminal Justice Act 2003 (CJA), previous convictions are not automatically allowed as evidence but there are occasions when they will be allowed to be given to the court. The CJA provides several rules or ’gateways’ to allow this to happen.
One of the ‘gateways’ or ways of introducing a defendants’ previous convictions is under s.103 and includes matters relating to whether the defendant has a propensity to commit offences of the kind with which they are charged. This means they have a tendency to commit offences of the same description or offences of the same category.
Hearsay Evidence
Hearsay evidence refers to a statement that has been made out of court and a witness wishes to rely on this statement (made by another person) to be used in court.
For example, witness X is giving evidence in court and states: “witness Y told me that he/she saw the defendant commit the crime…”
Hearsay is defined in s.114 (1) Criminal Justice Act 2003, as:
‘Statement not made in oral evidence in the proceedings that is evidence of any matter stated.’
It is generally not admitted as evidence as the maker of the statement should attend court to give evidence.
Disclosure in Criminal Cases
Disclosure is one of the most important aspects in the criminal justice system. It ensures that there is a fair trial. The prosecution must disclose all the documents it is going to use at the trial.
The rule to ensure a fair trial is that a full disclosure should be made of all material held by the prosecution, even if it strengthens the defences case and weakens the prosecutor’s case.
The defence will make a statement that requires the prosecution to disclose evidence. The statement made by the defence must be in writing and must contain the following:
- The nature of the defence
- The matters of fact that the defence will challenge and why they are being challenged
- The matters of fact the defence will rely upon
- Any relevant points of law
Improperly Obtained Evidence - Entrapment
If the police are finding it difficult to find evidence that would be admissible in court, they can consider a technique where they act as ‘agent provocateurs’. In order words, they induce others to break the law so that they can secure a conviction. English law does not allow a defence of entrapment but in principle such evidence may be excluded under s.78 Police and Criminal Act, 1984 (PACE).
There is no rule requiring the exclusion of evidence simply because it has been improperly obtained. The judge has discretion to exclude such prosecution evidence under both common law (which is law not contained in an Act of Parliament), and under statute.
Inference of guilt
Inference of guilt – It is possible to decide, on the evidence given, that the suspect is guilty.
Agent Provocateurs
Agent Provocateurs – a person employed to induce others to break the law so that they can be convicted.
Statute
Statute – a written law passed by a legislative body.
Entrapment
Entrapment – the action of tricking someone into committing a crime in order to secure their prosecution.
Exclusion
Exclusion – the process of excluding or the state of being excluded.
Disclosure
Disclosure – the action of making new or secret information known.
