AC2.3 - Understand the rules in relation to the use of evidence in criminal
cases
Evidence used in criminal proceedings must be relevant, reliable, and admissible.
Relevant - the difference between facts in issue and relevant facts
- Facts in issue are those matters which are in dispute in the case, prosecution will try
to prove and defence will disprove. For example did they cause the death and did
they intend to cause the death
- Relevant facts are those which prove or disprove the facts in issue. For example
fingerprints and DNA evidence.
Reliable - not all evidence can be used in court (inadmissible evidence)
- Must be credible - believable
- Authentic, genuine
- Accurate and correct in all respects
Admissible - not all evidence may be used in court, some types of evidence may not be
allowed
- Illegally or improperly obtained evidence
- The right to remain silent
- Evidence of bad character
Unlawfully and Unfairly Obtained Evidence
- Defendant has a right to a fair trial
- Unlawfully obtained evidence is any prosecution evidence which has been obtained
in a questionable or underhand manner
- Set out in the Police and Criminal Evidence Act 1984
- Courts tend to exclude any unlawfully obtained evidence, with the exception of
confession and identification evidence.
Types of unlawfully obtained evidence
- Evidence obtained in breach of codes of practice under PACE
- Evidence obtained through the use of a agent provocateur or entrapment
- Evidence obtained through an unlawful search or seizure
- Evidence obtained in violation of Article 8 - the right to privacy
- Evidence obtained in violation of the right against self incrimination
- Evidence obtained in breach of legal professional privilege
Entrapment - when a law enforcer causes a person to commit an offence with the intention
of prosecution for that offence
cases
Evidence used in criminal proceedings must be relevant, reliable, and admissible.
Relevant - the difference between facts in issue and relevant facts
- Facts in issue are those matters which are in dispute in the case, prosecution will try
to prove and defence will disprove. For example did they cause the death and did
they intend to cause the death
- Relevant facts are those which prove or disprove the facts in issue. For example
fingerprints and DNA evidence.
Reliable - not all evidence can be used in court (inadmissible evidence)
- Must be credible - believable
- Authentic, genuine
- Accurate and correct in all respects
Admissible - not all evidence may be used in court, some types of evidence may not be
allowed
- Illegally or improperly obtained evidence
- The right to remain silent
- Evidence of bad character
Unlawfully and Unfairly Obtained Evidence
- Defendant has a right to a fair trial
- Unlawfully obtained evidence is any prosecution evidence which has been obtained
in a questionable or underhand manner
- Set out in the Police and Criminal Evidence Act 1984
- Courts tend to exclude any unlawfully obtained evidence, with the exception of
confession and identification evidence.
Types of unlawfully obtained evidence
- Evidence obtained in breach of codes of practice under PACE
- Evidence obtained through the use of a agent provocateur or entrapment
- Evidence obtained through an unlawful search or seizure
- Evidence obtained in violation of Article 8 - the right to privacy
- Evidence obtained in violation of the right against self incrimination
- Evidence obtained in breach of legal professional privilege
Entrapment - when a law enforcer causes a person to commit an offence with the intention
of prosecution for that offence
