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
Case Examples
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
Case Examples
