Rules of Evidence

AC2.3: Understanding Rules in Relation to the Use of Evidence in Criminal Cases

Page 1: Introduction to Evidence Rules

• The importance of understanding the rules governing the admissibility of evidence in criminal cases.

Page 2: Agent Provocateurs and Entrapment

• Police techniques to secure evidence:

  • Inducing others to break the law (agent provocateurs).

  • Evidence obtained this way is contestable but is not categorized as entrapment under English law.

• Exclusion of improperly obtained evidence:

  • Refers to s. 78 Police & Criminal Evidence Act 1984 (PACE).

  • Judges can discretionally exclude evidence based on common law and statutory provisions.

• Definition of entrapment: Improperly obtaining evidence without a legal defense under English law.

Page 3: Probative Value Test

• Assessment criteria for evidence exclusion:

  • Common test: comparison of probative value versus prejudicial effect.

  • The judge's discretion under s. 78 PACE for excluding evidence based on the fairness of proceedings.

• Factors considered include circumstances of evidence acquisition and potential adverse effects on fairness.

Page 4: Pre-Trial Silence

• Implications of a suspect's silence:

  • Criminal Justice & Public Order Act 1994 (CJPOA) allows jurors to infer guilt from a suspect's lack of explanation during police questioning.

  • Legal advice does not negate this condition.

• Requirement: Inferences must be supported by additional evidence for establishing guilt.

Page 5: Character Evidence and Past Convictions

• Criminal Justice Act (CJA) 2003 limitations on past convictions:

  • Not automatically admissible as evidence in court.

  • Section 103 provides rules or 'gateways' for admissibility of previous convictions.

• Conditions under which past convictions may be introduced:

  • Relevant if they indicate propensity to commit similar offenses.

Page 6: Relevance of Previous Convictions

• Discussion point: The role of previous convictions in establishing guilt and their disclosure to a jury.

Page 7: Importance of Disclosure in Criminal Cases

• Critical role of disclosure in ensuring fair trials:

  • Prosecution must disclose all relevant documents for the trial.

  • Governed by the Criminal Procedure and Investigations Act 1996 (CPIA) amended by the Criminal Justice Act 2003.

• Defense statement requirements for disclosure:

  • Nature of the defense.

  • Factual challenges to the prosecution's claims.

  • Supporting facts and relevant legal points.

Page 8: Hearsay Evidence

• Definition and implications of hearsay:

  • Statement made outside court, used in court by a witness.

  • Example: "Witness Y told me he saw the defendant commit the crime."

• Legal foundation: Defined under section 114(1) Criminal Justice Act 2003.

  • Hearsay is typically inadmissible to ensure the original speaker can provide oral evidence and undergo cross-examination.