LEV3701 LAW OF Evidence_final_notes

LEV3701 LAW OF Evidence_final_notes LAW OF EVIDENCE – ADMISSIBILITY OF EVIDENCE SU2 - CONCEPTS Law of evidence is part of adjective law (deals with procedure to be followed in court & legal transactions) – Governs manner in which something is legally proven before the court “Proof” - having sufficient grounds for a finding on a point in issue “Evidence” - one type of evidential material produced in court (excludes info gathered by police during investigation of case) [includes oral evidence, documentary evidence & real evidence (objects)] “Evidentiary material” - material which goes to furnish proof “Law of Evidence” - field of law which generally regulates proof of facts in a court of law Regulating the proof of facts = main goal of law of evidence Evidence is only ONE type of evidentiary material = other forms include:  formal admissions;  judicial notice; and  presumptions Evidentiary material has to be evaluated before court can find if it amts to proof in the circumstances of a particular case Proof of a fact Evidence of a fact Court has received probative material re such fact and has accepted such fact as being the truth for purposes of the specific case Not yet proof of such fact – court must still decide whether / not such fact has been proved SU3 – SOURCES Historical sources Knowledge sources If there is any uncertainty re aspect of SA law of evidence – SA courts may have recourse to English Law Wider concept – includes historical sources, court cases & legislation Provisions of Const apply only to criminal cases / civil matters where state is involved (NOT to civil cases in general) Most NB sections in Const for law of evidence – s35(1) = rights of arrested persons s35(2) = rights of detained persons s35(3) = rights of accused persons s36 – Limitation Clause Residuary sections: Section in SA statute which incorporates a part of foreign law into our law & thereby preserves something of the foreign law  “direct incorporation” = SA statutes use exact wording of foreign legislation  “indirect incorporation” = residuary clauses – determine that foreign law has to be followed on topics for which no express local statutory has been made It was felt that residuary clauses which have indirectly incorporated English Law should be changed before SA became a republic outside of the British Common Wealth (as happened 31 May 1961) as is proper for a totally independent country – thus:  S252 of CPA now refer to the law at to the admissibility of evidence which was in force re criminal proceedings on the thirtieth day of May 1961 shall apply in any case not expressly provided for by this Act or any other law  Civil Proceedings Evidence Act provides that law on competence & compellability of witnesses & examination & cross examination of witnesses, which would have been applicable on 30 May 1961, will apply in any case where no provision has been made ito Civil Proceedings Evidence Act / ito SA leg SU 4 – RELEVANCE & ADMISSIBILITY OF EVIDENCE CPA & Civil Proceedings Evidence Act provide that irrelevant evidence will be inadmissible Courts generally state that evidence needs to be relevant in order to be admissible Some evidence, though highly relevant, might still be inadmissible