Unit 3 2.3 miss johannes
Understand rules in relation to the use of evidence in criminal cases
Reliability of evidence
The reliability of evidence concerns whether the court can count on the evidence being true. For
evidence to be reliable it must be:
● credible(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? But even if she is not lying, her honesty alone is not enough: the
prevailing conditions (e.g night time) may have made it impossible in fact for her to see
clearly.
● authentic(genuine) a document presented in evidence may in fact be forgery.
● accurate(correct in all details) e.g is the evidence of an expert fact supported by the rest
of the scientific community, or is it unsound?
Relevance of evidence
The law makes a distinction between two types of fact in a trial: facts in issue & relevant facts
Facts in issue
Sometimes called ‘principle facts’ are the matter which are in dispute in a case and which the
court has to decide about. They are those facts that the prosecution attempts to prove and the
defence to disprove.
E.g if david is accused of murdering jack by beating him with a club, the facts in the issue will be
whether david did in fact beat jack with the club:whether the beating did in fact cause jack's
death: whether david did in fact intend to cause jack's death and so on.
Relevant facts
Facts that are needed in order to prove or disprove the facts in issue.
E.g the presence of david's fingerprints and jack’s blood on the club, would be relevant facts in
connection with whether david did in fact beat jack with it. (this in itself does not prove david
beat jack with a club)
Admissibility of evidence
Not all evidence may be admissible in court. There are several types of evidence that may not
be allowed by the judge or the magistrates.
Illegally or improperly obtained evidence
Illegally or improperly obtained evidence involves the prosecution using dishonest or improper
means to gain evidence that supports their case.
Understand rules in relation to the use of evidence in criminal cases
Reliability of evidence
The reliability of evidence concerns whether the court can count on the evidence being true. For
evidence to be reliable it must be:
● credible(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? But even if she is not lying, her honesty alone is not enough: the
prevailing conditions (e.g night time) may have made it impossible in fact for her to see
clearly.
● authentic(genuine) a document presented in evidence may in fact be forgery.
● accurate(correct in all details) e.g is the evidence of an expert fact supported by the rest
of the scientific community, or is it unsound?
Relevance of evidence
The law makes a distinction between two types of fact in a trial: facts in issue & relevant facts
Facts in issue
Sometimes called ‘principle facts’ are the matter which are in dispute in a case and which the
court has to decide about. They are those facts that the prosecution attempts to prove and the
defence to disprove.
E.g if david is accused of murdering jack by beating him with a club, the facts in the issue will be
whether david did in fact beat jack with the club:whether the beating did in fact cause jack's
death: whether david did in fact intend to cause jack's death and so on.
Relevant facts
Facts that are needed in order to prove or disprove the facts in issue.
E.g the presence of david's fingerprints and jack’s blood on the club, would be relevant facts in
connection with whether david did in fact beat jack with it. (this in itself does not prove david
beat jack with a club)
Admissibility of evidence
Not all evidence may be admissible in court. There are several types of evidence that may not
be allowed by the judge or the magistrates.
Illegally or improperly obtained evidence
Illegally or improperly obtained evidence involves the prosecution using dishonest or improper
means to gain evidence that supports their case.
