Week 7: Aspects of Evidence Law Flashcards
- Lawrie v Muir 1950 JC 19
Evidence, though given in good faith, was improperly obtained, so should be excluded
“…. the law must strive to reconcile two highly important interests which are likely to come into conflict – on the one hand, the interest of the citizen to be protected from illegal or irregular invasions of his liberties by the authorities, and, on the other the interest of the State to secure that evidence bearing upon the commission of crime and necessary to enable justice to be done shall not be withheld from Courts of law on any merely ‘formal’ or ‘technical’ ground.”
*38. HMA v Chalmers 1954 JC 66
A voluntary statement is one which is given freely, not in response to pressure and inducement and not elicited by cross-examination.
What kind of character evidence is admissible?
Good character evidence.
Why are previous convictions inadmissible.
Means the court considers more the character of the accused than the crime.
It holds too much weight.
Under what circumstances is it admissible to enter bad character evidence.
When the accused’s defence makes an inaccuracy that must be corrected, to prevent any misleading evidence.
What does s 101 (1) of the Criminal Procedure (Scotland) Act 1995 provide for?
Previous convictions against the accused shall not, subject to [some exceptions] be laid before the jury, not shall be reference be made of them in the presence of the jury, before the verdict is returned [solemn procedure]
What does s 166(133) of the Criminal Procedure (Scotland) Act 1995 provide for?
The previous convictions against the accused shall not, subject to [some exceptions] be laid before the judge until he is satisfied that the charge is proved. [summary procedure]
Police officers cannot discuss the accused’s previous convictions.
What are the nine exceptions to hearsay?
- Identification documents
- Documents
- Res Gestate
- Confessions
Person who made the original statement;
5. Is dead or physically or mentally unfit
6. Is outwith the UK and is not reasonably practicable to secure his or her attendance at the trial, or otherwise obtain their evidence.
7. Cannot be found and all reasonable steps have been taken to find them
8. By leave of court refuses to give evidence
9. Refuses to give evidence having been directed by a judge to do so
What is the exception to the general rule that witnesses cannot provide personal opinions?
Expert evidence.
*39. Davie v Edinburgh Magistrates 1953 SC 34:
- Did the explosion cause the crack in the house
- No expert provided evidence on the implication of the explosion on the house
- No expert witnesses provided on behalf of the persuer
- Three witnesses provided on the behalf of the defender
- Defender appealed, suggesting that the judge cannot simply disregard expert witness
- Lord Ordinary rebutted, suggesting that the fact finder is entitled to regard expert witnesses. Expert witnesses cannot usurp the role of the judge/jury.
- Until an unnamed case, fingerprints were considered to be fool proof
- Fingerprints quite subjective
- Calls for an independent judicially appointed expert
- Baby died young; second child died young
- Expert witness testified that there was a low likihood of cot death, let alone two
- Don’t take expert evidence on trust – experts in many circumstances are wrong or don’t testify to their area of expertise
Which Act allows vulnerable persons to give evidence in advance?
Vulnerable Witness (Criminal Evidence) (Scotland) Act 2019
What measures can be taken in circumstances where there is a vulnerable witness.
- Taking a trial on commission
- Other judge questions the witness
- Supporter – sits next to the witness
- Public can be cleared
