9/23/24, 11:12 Crime W1 - Criminal litigation, workshop 1 notes.
AM Prepare/Apply/Collaborat…
Criminal Li 琀椀 ga 琀椀 on: Workshop 1
Evidence: Basic
Principles
Fundamental themes
1. Facts in issue
2. Proving a fact
3. Types of evidence
4. Admissibility, relevance and weight
5. Tribunals of fact and law
Facts in issue
These are the facts of the case each party needs to prove in order to prove its
case. Evidence is called by any party to prove the facts in issue (with different
standards of proof).
Prosecution – these are the facts needed to prove the offence(s) charged. Begin
by listing the ingredients of the offence: (e.g. theft requires P to prove that D
appropriated property, belonging to another, dishonesty, intent to permanently
deprive).
Court – needs to narrow issues by seeing what elements (if any) the defence
agree on. They still require proof but these can be by other means.
Proving a fact
Facts can be proven by means other than calling for live evidence by a witness such
as:
• Agreeing a witness statement as true by consent of parties (s.9 CJA 1967)
o Only agreed if there’s no challenge to the evidence – if disputed then
witness
must be called and challenged orally for court to assess
• Agreeing any fact between the parties (s.10 CJA 1967)
o Fact is reduced to writing and both parties (lawyers) agree and
sign
agreement
• Judge or jury taking ‘judicial notice’ of the fact
o Where J might not know a fact off the top of their head they can
take judicial notice of a fact ‘on enquiry’ (let J look up answer)
o Jurors cannot do their own research at any time or take notice on
personal
matters that they happen to know that others don’t – they must
inform the court
Types of evidence:
1. Oral – evidence given by a witness in court (most common)
2. Written evidence – agreed statements (s.9), and admitted facts (s.10)
3. Real evidence – objects and things brought to the court for inspection
(e.g. proof of origin docs)
4. Direct evidence - evidence that a witness gives of having a direct
experience of a matter in issue
5. Circumstantial evidence – evidence from where facts are inferred
6. A view – where juries visit scene of a crime or court views an object that
can’t be brought to court. Their observations become evidence.
about:bl 1
, 9/23/24, 11:12 Crime W1 - Criminal litigation, workshop 1 notes.
AM Prepare/Apply/Collaborat…
Criminal Li 琀椀 ga 琀椀 on: Workshop 1
Example: If issue is where was D at midnight:
• Direct oral evidence – W saw D at station at midnight
• Circumstantial real evidence – train ticket found in D’s pocket showing ticket
for
midnight train
Admissibility, relevance and weight of evidence
Evidence must be relevant to be admissible. Relevance is established by whether
the evidence is ‘logically probative’ of a fact in issue (does it prove/disprove a fact
in issue).
If evidence is irrelevant = inadmissible, if evidence is relevant = admissible
Exclusionary rules (ER)
After relevance, you must consider whether the relevant evidence is subject to
an exclusionary rule. These are rules to protect the fairness of trials to prevent
evidence which is relevant but shouldn’t be admitted b/c of the effect on the
fairness of a trial. (e.g. police using phone tapping to acquire information).
Weight
The weight of the evidence may affect its admissibility. The jury attaches the
right degree of weight to a piece of evidence and you must persuade them as
to what weight they should attach to the evidence. The judge may intervene if
the evidence is problematic and rule it as inadmissible (e.g. drunk man briefly
saw someone commit a crime – no reliance, poor quality).
Tribunals of fact and law
This is to do with who determines what the facts are and who determines the law.
Tribunal of fact:
• Responsible for determining the facts.
• In the mags’ = the tribunal of fact is the bench of magistrates (or DJ)
• In the crown court = the tribunal of fact is the jury
Tribunal of law:
• Responsible for the law.
• In the mags’ = the tribunal of law is the magistrates (or DJ)
• In the crown court = the tribunal of law is the judge
• The tribunal of law deals with issues of admissibility of evidence
Crown Court
about:bl 2
AM Prepare/Apply/Collaborat…
Criminal Li 琀椀 ga 琀椀 on: Workshop 1
Evidence: Basic
Principles
Fundamental themes
1. Facts in issue
2. Proving a fact
3. Types of evidence
4. Admissibility, relevance and weight
5. Tribunals of fact and law
Facts in issue
These are the facts of the case each party needs to prove in order to prove its
case. Evidence is called by any party to prove the facts in issue (with different
standards of proof).
Prosecution – these are the facts needed to prove the offence(s) charged. Begin
by listing the ingredients of the offence: (e.g. theft requires P to prove that D
appropriated property, belonging to another, dishonesty, intent to permanently
deprive).
Court – needs to narrow issues by seeing what elements (if any) the defence
agree on. They still require proof but these can be by other means.
Proving a fact
Facts can be proven by means other than calling for live evidence by a witness such
as:
• Agreeing a witness statement as true by consent of parties (s.9 CJA 1967)
o Only agreed if there’s no challenge to the evidence – if disputed then
witness
must be called and challenged orally for court to assess
• Agreeing any fact between the parties (s.10 CJA 1967)
o Fact is reduced to writing and both parties (lawyers) agree and
sign
agreement
• Judge or jury taking ‘judicial notice’ of the fact
o Where J might not know a fact off the top of their head they can
take judicial notice of a fact ‘on enquiry’ (let J look up answer)
o Jurors cannot do their own research at any time or take notice on
personal
matters that they happen to know that others don’t – they must
inform the court
Types of evidence:
1. Oral – evidence given by a witness in court (most common)
2. Written evidence – agreed statements (s.9), and admitted facts (s.10)
3. Real evidence – objects and things brought to the court for inspection
(e.g. proof of origin docs)
4. Direct evidence - evidence that a witness gives of having a direct
experience of a matter in issue
5. Circumstantial evidence – evidence from where facts are inferred
6. A view – where juries visit scene of a crime or court views an object that
can’t be brought to court. Their observations become evidence.
about:bl 1
, 9/23/24, 11:12 Crime W1 - Criminal litigation, workshop 1 notes.
AM Prepare/Apply/Collaborat…
Criminal Li 琀椀 ga 琀椀 on: Workshop 1
Example: If issue is where was D at midnight:
• Direct oral evidence – W saw D at station at midnight
• Circumstantial real evidence – train ticket found in D’s pocket showing ticket
for
midnight train
Admissibility, relevance and weight of evidence
Evidence must be relevant to be admissible. Relevance is established by whether
the evidence is ‘logically probative’ of a fact in issue (does it prove/disprove a fact
in issue).
If evidence is irrelevant = inadmissible, if evidence is relevant = admissible
Exclusionary rules (ER)
After relevance, you must consider whether the relevant evidence is subject to
an exclusionary rule. These are rules to protect the fairness of trials to prevent
evidence which is relevant but shouldn’t be admitted b/c of the effect on the
fairness of a trial. (e.g. police using phone tapping to acquire information).
Weight
The weight of the evidence may affect its admissibility. The jury attaches the
right degree of weight to a piece of evidence and you must persuade them as
to what weight they should attach to the evidence. The judge may intervene if
the evidence is problematic and rule it as inadmissible (e.g. drunk man briefly
saw someone commit a crime – no reliance, poor quality).
Tribunals of fact and law
This is to do with who determines what the facts are and who determines the law.
Tribunal of fact:
• Responsible for determining the facts.
• In the mags’ = the tribunal of fact is the bench of magistrates (or DJ)
• In the crown court = the tribunal of fact is the jury
Tribunal of law:
• Responsible for the law.
• In the mags’ = the tribunal of law is the magistrates (or DJ)
• In the crown court = the tribunal of law is the judge
• The tribunal of law deals with issues of admissibility of evidence
Crown Court
about:bl 2
