AC 2.3 Understand rules in relation to the use of evidence
in criminal cases
4 MARKS = 20 MINUTES
- Rules on : Relevance and admissibility, disclosure of evidence,
hearsay rule and exceptions, legislation and case law
Rules on relevance of evidence
When evidence is to be used in court it must be relevant to the case, reliable and admissible
in court. Evidence that's to be used in court is required to be specific to the offence and
gives clear facts disproving or proving the offence. The facts in issue are the matters which
are disputed in the case and the judge must make a decision about, for example if the
defendant is being accused of murder from punching the victim, the facts in issue would be
whether the defendant intended on murdering the victim and if the punch is what caused the
victim to die. There are 3 criteria that the evidence must follow in order for it to be considered
as reliable: credibility (does the court believe the witness is telling the truth), authenticity
(is the material provided genuine and not forged) and accuracy (is the expert witness facts
supported by other professionals).
Rules on admissibility of evidence
Not all evidence may be considered admissible in court. Certain types of evidence may not
be considered as admissible by the judge or magistrates. The legislation responsible for
determining whether evidence is admissible in court is Section 78 of Police and Criminal
Evidence Act 1984 (PACE). This legislation allows the court to exclude certain evidence
before it is admitted. The court must consider all circumstances including how the evidence
was obtained. The court considers whether the evidence was collected illegally or
improperly. Illegally obtained evidence is evidence that is collected by breaking a law or
violating a person's human rights, whereas improperly collected evidence is evidence
collected through things such as entrapment. The accused is not entitled to have evidence
excluded just because it was illegally obtained; however a judge may deem that for a fair trial
they can rule it as inadmissible. During trial and questioning, defendants have the legal right
to silence, nevertheless, jurors are allowed to make adverse inferences when a defendant
remains silent when questioned by the prosecution due to the Public Order Act 1994.
Evidence of bad character is evidence that suggests that a defendant has a tendency to
commit crimes similar to the one they are being accused of. According to the Criminal
Justice Act 2003 evidence of bad character is defined as evidence of disposition towards
misconduct. This can be anything ranging from previous convictions and cautions to
examples of bullying and racism. Evidence of bad character is permissible in court as long
as the judge believes the evidence has not been contaminated.
Rules on disclosure of evidence
Disclosure of evidence is the providing of access or copies of relevant information and
evidence to the defence. This can include interview tapes, witnesses or lists of physical
evidence that they hold. In the UK the legislation that gives you human rights is the Human
Rights Act 1998 it requires organisations to treat everyone equally with fairness,dignity and
in criminal cases
4 MARKS = 20 MINUTES
- Rules on : Relevance and admissibility, disclosure of evidence,
hearsay rule and exceptions, legislation and case law
Rules on relevance of evidence
When evidence is to be used in court it must be relevant to the case, reliable and admissible
in court. Evidence that's to be used in court is required to be specific to the offence and
gives clear facts disproving or proving the offence. The facts in issue are the matters which
are disputed in the case and the judge must make a decision about, for example if the
defendant is being accused of murder from punching the victim, the facts in issue would be
whether the defendant intended on murdering the victim and if the punch is what caused the
victim to die. There are 3 criteria that the evidence must follow in order for it to be considered
as reliable: credibility (does the court believe the witness is telling the truth), authenticity
(is the material provided genuine and not forged) and accuracy (is the expert witness facts
supported by other professionals).
Rules on admissibility of evidence
Not all evidence may be considered admissible in court. Certain types of evidence may not
be considered as admissible by the judge or magistrates. The legislation responsible for
determining whether evidence is admissible in court is Section 78 of Police and Criminal
Evidence Act 1984 (PACE). This legislation allows the court to exclude certain evidence
before it is admitted. The court must consider all circumstances including how the evidence
was obtained. The court considers whether the evidence was collected illegally or
improperly. Illegally obtained evidence is evidence that is collected by breaking a law or
violating a person's human rights, whereas improperly collected evidence is evidence
collected through things such as entrapment. The accused is not entitled to have evidence
excluded just because it was illegally obtained; however a judge may deem that for a fair trial
they can rule it as inadmissible. During trial and questioning, defendants have the legal right
to silence, nevertheless, jurors are allowed to make adverse inferences when a defendant
remains silent when questioned by the prosecution due to the Public Order Act 1994.
Evidence of bad character is evidence that suggests that a defendant has a tendency to
commit crimes similar to the one they are being accused of. According to the Criminal
Justice Act 2003 evidence of bad character is defined as evidence of disposition towards
misconduct. This can be anything ranging from previous convictions and cautions to
examples of bullying and racism. Evidence of bad character is permissible in court as long
as the judge believes the evidence has not been contaminated.
Rules on disclosure of evidence
Disclosure of evidence is the providing of access or copies of relevant information and
evidence to the defence. This can include interview tapes, witnesses or lists of physical
evidence that they hold. In the UK the legislation that gives you human rights is the Human
Rights Act 1998 it requires organisations to treat everyone equally with fairness,dignity and
