AC2.3 Understand rules in relation to the use of evidence in criminal cases exam questions and answers

Introduction *In criminal proceedings, not all evidence can be used. Evidence which is used in court must be admissible which means that it must be reliable and relevant to the case. Reliable evidence *Evidence that is credible and true. *This is usually questioned with regards to witness testimonies and expert witnesses. *The witness testimony must be believable by a reasonable person. *The expert witness must be supported by the rest of the scientific community. Relevant evidence *Categorised into two types of fact in a trial: facts in issue and relevant facts. *Facts in issue or 'principal facts'= the facts that the prosecution attempts to prove and the defence to disprove. E.g. proving the defendant guilty of murder. *Relevant facts are facts that are needed in order to prove or disprove the facts in issue. E.g. forensic evidence to show defendants fingerprints on murder weapon. *If evidence is considered "irrelevant", it is deemed as inadmissible (it can't be used in court). Illegally or improperly obtained evidence *The courts have a discretion under Section 78 PACE (1984) where prosecution evidence that is obtained illegally, improperly or unfairly may not be admissible if it can endanger the fairness of a trial. *The court can permit evidence obtained this way if it helps to discover the truth. 'If the probative value of the evidence (its value in proving the case) outweighs its prejudicial effect (the risk of it producing an unfair trial), the judge will usually allow it to be used. Illegally obtained evidence *Gained by breaking the law or violating a person's human rights. *Can include: illegal searches conducted without a warrant, using torture or degrading treatment to obtain a confession. *Deemed as inadmissible evidence. Illegally obtained evidence: R V Samuel (1988) case *The defendant had been arrested on suspicion of armed robbery and murder. *When he asked for a solicitor, his request was refused which was an infringement of his human rights under human rights law. *He appealed against his conviction for this reason which was approved as he received an unfair trial. *The right of a suspect to consult a lawyer 'is one of the most important and fundamental rights of a citizen' under human rights law. Improperly obtained evidence *Refers to where police use deception to persuade a suspect to commit or admit to a crime. *Can include: the use of entrapment, where police use deception to persuade a suspect to commit or admit to a crime. *Can be deemed as inadmissible evidence and result in acquittal. Improperly obtained evidence: Colin Stagg case *The police used a 'honeytrap' whereby a police officer went undercover to persuade Colin to confess to the murder of Rachel Nickel, by appearing to develop a romantic interest in him. *When the case was taken to court, it was thrown out by the judge as he refused to put the undercover officer's evidence before a jury as the police used "deceptive conduct of the grossest kind". Pre-trial silence *All defendants are innocent until the prosecution can prove their guilt beyond all reasonable doubt. *Fundamental right to remain silent=they don't have to say anything in their defence before or during their trial. *Criminal Justice and Public Order Act (1994)= jury is allowed to draw an inference of guilt from a suspect's silence. *E.g. if a suspect fails to answer the police's questions, such as accounting for their presence in a particular place or the possession of a particular object, or if they fail to testify in court, the jury has reasonable grounds to believe they may be guilty. Why would an innocent person stay silent? *BUT jury cannot convict solely on inferences of guilt they have made from the defendant's guilt. There must be other evidence to support the conviction. Character evidence (past convictions) *Can be used to assess whether a defendant's evidence is credible but only when permitted under S.103 of the Criminal Justice Act (2003). *Includes evidence such as previous convictions, cautions and having a child taken into care. *Can only be used in court if it will illustrate that the defendant has a tendency to lie or that they have the propensity to commit the crime they are being charged with (the tendency to commit offences of the same description they are being accused of). *Can also be used to prove defendant's good character. Disclosure of evidence *In order for a fair trial, the prosecution must disclose (provide a copy of) the evidence they have collected to the defence. *Burden to disclose evidence falls on prosecution but defence must disclose evidence such as the nature of the defence they intend to offer. *Golden Rule of Disclosure= any material in the possession of the prosecution which may (from an objective standpoint) weaken the prosecution case or strengthen the defence case should be disclosed to the defence. *Even evidence which the prosecution doesn't intend to use in court must be disclosed as it may help to assist the defence's case. *E.g. any material which illustrates doubt on the credibility of the evidence must be disclosed.