Question 1

Rules of evidence - I need to include..........

Accepted Answer

true

Answer

false

Question 2

See image

Accepted Answer

2. Disclosure of evidence

Question 3

See image

Accepted Answer

3. Hearsay rules and exceptions

Question 4

See image

Accepted Answer

Legislation/case law

Question 5

See image

Accepted Answer

(this will come into each of the rules of evidence)

Question 6

Reliable

Accepted Answer

is it true and has it been gathered correctly?

Question 7

Relevant

Accepted Answer

does it help to prove/disprove the guilt of the suspect?

Question 8

Reliability of evidence

Accepted Answer

Credible

Question 9

See image

Accepted Answer

Authentic

Question 10

See image

Accepted Answer

Accurate

Question 11

Credible

Accepted Answer

Is the evidence believable by a reasonable person, e.g. does the court believe that the witness was telling the truth when she said she saw the defendant stab the victim, or is she shown to be a liar?

Question 12

Authentic

Accepted Answer

Is the evidence genuine? For example, a documented presented in evidence may in fact be forgery.

Question 13

Accurate

Accepted Answer

Is the evidence correct in all details? E.g. is the evidence of an expert in fact supported by the rest of the scientific community, or is there disagreement?

Question 14

Relevance of evidence

Accepted Answer

Relevance is the prosecution submitting the evidence must justify that the evidence has relevance because it will be used to prove relevant facts to demonstrate the guilt of the defendant.

Question 15

See image

Accepted Answer

Relevance applies to evidence when it is used to prove Relevant Facts.

Question 16

See image

Accepted Answer

They provide the facts to prove the central accusation made against the defendant.

Question 17

Admissibility of evidence

Accepted Answer

Not all evidence is admissible in court. There are several types of evidence that may not be allowed by the judge or magistrate.

Question 18

Illegally obtained evidence

Accepted Answer

This type of evidence involves the prosecution using dishonest or improper means to gain evidence that supports their case.

Question 19

Improperly Obtained

Accepted Answer

Improperly

Question 20

See image

Accepted Answer

This is where police use deception to persuade a suspect to commit a crime or admit to a crime

Question 21

The right to remain silent

Accepted Answer

It is a basic principle of the law that the accused is presumed innocent until proven guilty, beyond all reasonable doubt.

Question 22

See image

Accepted Answer

The accused does not have to prove his innocence, so they do not have to say anything in their defence - they have the right to remain silent.

Question 23

Evidence of bad character

Accepted Answer

To assess whether the defendant's evidence is credible (believable), it may be helpful for the court to know whether he or she is of bad character.

Question 24

See image

Accepted Answer

The Criminal Justice Act 2003 defines bad character as "evidence of or disposition towards misconduct" - in simple terms, evidence which makes the defendant look bad.

Question 25

Evidence of bad character further

Accepted Answer

The Criminal Justice Act 2003 also permits the defence to rely on evidence of good character, e.g. no previous convictions.

Question 26

Disclosure of evidence

Accepted Answer

For a trial to be fair, the defendant must be able to see the materials that are part of the evidence against him/her.

Question 27

The prosecution's duty of disclosure

Accepted Answer

1. Notify the accused of all the evidence they intend to rely on.

Question 28

See image

Accepted Answer

2. Make available to the defence any unused material relevant to the case that they do not intend to present to the court.

Question 29

Failure to disclose evidence

Accepted Answer

If evidence is not disclosed by the prosecution, it can lead to charges being dropped.

Question 30

Failure to disclose evidence Case Study - Liam Allan

Accepted Answer

Liam Allan was charged with 12 counts of rape and sexual assault, and the case went to trial.

Question 31

See image

Accepted Answer

However, his trial for rape was halted when it emerged that evidence on a computer disc showed text messages from the alleged victim, pestering the suspect for casual sex.

Question 32

See image

Accepted Answer

The disc had already been examined by the police, but they had failed to disclose this to the defence.

Question 33

See image

Accepted Answer

Therefore, the case was dropped.

Question 34

Disclosure means

Accepted Answer

The defence only needs to make their used evidence available to the prosecution prior to the trial so that the prosecution is given fair time and opportunity to prepare

Question 35

The defence's duty of disclosure

Accepted Answer

The defence are also responsible for disclosing certain information.

Question 36

See image

Accepted Answer

This includes:

Question 37

See image

Accepted Answer

Any matters of fact which they will rely on or challenge during the trial;

Question 38

See image

Accepted Answer

and any points of law.

Question 39

See image

Accepted Answer

Unlike the prosecution, they do not have to disclose unused material.

Question 40

Hearsay evidence

Accepted Answer

Hearsay evidence is a statement that has been made by someone out of court to a witness who is appearing in court, and which the witness wishes to rely on as evidence of a fact.

Question 41

Hearsay

Accepted Answer

Hearsay means

Question 42

See image

Accepted Answer

Testimonial evidence that is second-hand, because the witness/defendant/victim providing it was actually told it by someone else.

Question 43

Hearsay - exceptions

Accepted Answer

Although hearsay is not generally admissible, there are some exceptions to the rule.

Question 44

See image

Accepted Answer

e.g evidence is admissible where all parties (prosecution, defence and judge) agree.

Question 45

Hearsay - exceptions Further

Accepted Answer

Dead person

Question 46

See image

Accepted Answer

In a coma

Question 47

See image

Accepted Answer

Missing

Question 48

See image

Accepted Answer

All parties agree

Question 49

See image

Accepted Answer

Judge rules that it is in the interests of justice

Related quizzes

Related quizzes