Topic 2.3 - Understand rules in relation to the use of evidence in criminal cases (4 marks, 20 mins)
Relevance and admissibility
Under PACE Section 78. Evidence used in criminal proceedings must be relevant, reliable, and admissible. However, many cases where these rules were not
followed.
Reliability of evidence
Not all evidence can be used in court, so evidence must be: credible (believable, for example does the court think that the witness was telling the truth?),
authentic (genuine, as a document from evidence may be forgery), and accurate (correct in all respects, for example is the evidence of an expert actually
supported by the rest of the scientific community? As the evidence that Professor Sir Roy Meadow gave in the case of Sally Clarke in some cot death
cases were later found to be inaccurate and unreliable). People believed him because he was an expert.
Relevance of evidence
The difference between facts in issue and relevant facts.
Facts in issue
Matters which are in dispute in the case where the court decides, and prosecution will try to prove and defence will disprove. For example, did they cause
the death and did they intend (mens rea) to cause the death.
Relevant facts
Needed to prove or disprove the facts in issue. For example fingerprints and DNA evidence.
Admissibility of evidence
Not all evidence may be used in court, some types of evidence may not be allowed, such as:
● Illegally obtained evidence - Breaking the law or violating a person's human rights such as evidence obtained in a search without a search warrant
and torture or degrading treatment to get a confession.
● Improperly obtained evidence - Using entrapment, where police use deception to make a suspect commit or admit to a crime. For example, Colin
Stagg was charged with the murder of Rachel Nickell, as he was a local man in the area that the police deemed a suspect. An undercover police
officer posing as a romantic interest tried to get him to confess, and even though he did not, he was still charged. Judges have the power to exclude
evidence from the trial if they believe it has been obtained through entrapment.
Relevance and admissibility
Under PACE Section 78. Evidence used in criminal proceedings must be relevant, reliable, and admissible. However, many cases where these rules were not
followed.
Reliability of evidence
Not all evidence can be used in court, so evidence must be: credible (believable, for example does the court think that the witness was telling the truth?),
authentic (genuine, as a document from evidence may be forgery), and accurate (correct in all respects, for example is the evidence of an expert actually
supported by the rest of the scientific community? As the evidence that Professor Sir Roy Meadow gave in the case of Sally Clarke in some cot death
cases were later found to be inaccurate and unreliable). People believed him because he was an expert.
Relevance of evidence
The difference between facts in issue and relevant facts.
Facts in issue
Matters which are in dispute in the case where the court decides, and prosecution will try to prove and defence will disprove. For example, did they cause
the death and did they intend (mens rea) to cause the death.
Relevant facts
Needed to prove or disprove the facts in issue. For example fingerprints and DNA evidence.
Admissibility of evidence
Not all evidence may be used in court, some types of evidence may not be allowed, such as:
● Illegally obtained evidence - Breaking the law or violating a person's human rights such as evidence obtained in a search without a search warrant
and torture or degrading treatment to get a confession.
● Improperly obtained evidence - Using entrapment, where police use deception to make a suspect commit or admit to a crime. For example, Colin
Stagg was charged with the murder of Rachel Nickell, as he was a local man in the area that the police deemed a suspect. An undercover police
officer posing as a romantic interest tried to get him to confess, and even though he did not, he was still charged. Judges have the power to exclude
evidence from the trial if they believe it has been obtained through entrapment.
