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What Are the Rules of Evidence in UK Criminal Cases?

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Saffron

11/3/2022

Criminology

Unit 3, AC 2.3

What Are the Rules of Evidence in UK Criminal Cases?

The rules of evidence in UK criminal proceedings govern the admissibility and use of evidence in court. This summary explores key aspects of evidence law, including relevance, reliability, and admissibility, as well as specific rules on character evidence, disclosure, and the right to silence.

...

11/3/2022

4633

AC 2.3: Understand the rules in relation to the use of evidence in criminal cases.
Relevance and admissibility:
Both the prosecution and def

View

Disclosure of Evidence in Criminal Proceedings

The disclosure of evidence is a crucial aspect of ensuring fair trials in the UK criminal justice system.

Prosecution's Duty of Disclosure

The prosecution must disclose all evidence they intend to use against the defendant and provide access to any unused material relevant to the case.

Definition: Unused material refers to any information that may undermine the prosecution's case or assist the defense, even if not presented in court.

Importance of Proper Disclosure

Failure to disclose evidence can have serious consequences:

  1. Cases may be dropped
  2. Trials may be halted
  3. Miscarriages of justice can occur

Example: The Liam Allan case in 2017 demonstrates the impact of non-disclosure. His rape trial was halted when undisclosed evidence showed the alleged victim pursuing him for casual sex.

Challenges with Digital Evidence

The increasing importance of digital evidence presents new challenges for disclosure:

  1. Volume of data can be overwhelming
  2. Relevant information may be missed
  3. Risk of overlooking exculpatory evidence

Highlight: Police may not read every text message on a phone, potentially missing evidence that could clear a suspect.

The proper handling and disclosure of evidence is essential to prevent perverting the course of justice and ensure fair trials in the UK criminal justice system.

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Criminology

4,633

Nov 3, 2022

2 pages

What Are the Rules of Evidence in UK Criminal Cases?

The rules of evidence in UKcriminal proceedings govern the admissibility and use of evidence in court. This summary explores key aspects of evidence law, including relevance, reliability, and admissibility, as well as specific rules on character evidence, disclosure, and... Show more

AC 2.3: Understand the rules in relation to the use of evidence in criminal cases.
Relevance and admissibility:
Both the prosecution and def

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Join milions of students

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Disclosure of Evidence in Criminal Proceedings

The disclosure of evidence is a crucial aspect of ensuring fair trials in the UK criminal justice system.

Prosecution's Duty of Disclosure

The prosecution must disclose all evidence they intend to use against the defendant and provide access to any unused material relevant to the case.

Definition: Unused material refers to any information that may undermine the prosecution's case or assist the defense, even if not presented in court.

Importance of Proper Disclosure

Failure to disclose evidence can have serious consequences:

  1. Cases may be dropped
  2. Trials may be halted
  3. Miscarriages of justice can occur

Example: The Liam Allan case in 2017 demonstrates the impact of non-disclosure. His rape trial was halted when undisclosed evidence showed the alleged victim pursuing him for casual sex.

Challenges with Digital Evidence

The increasing importance of digital evidence presents new challenges for disclosure:

  1. Volume of data can be overwhelming
  2. Relevant information may be missed
  3. Risk of overlooking exculpatory evidence

Highlight: Police may not read every text message on a phone, potentially missing evidence that could clear a suspect.

The proper handling and disclosure of evidence is essential to prevent perverting the course of justice and ensure fair trials in the UK criminal justice system.

AC 2.3: Understand the rules in relation to the use of evidence in criminal cases.
Relevance and admissibility:
Both the prosecution and def

Sign up to see the contentIt's free!

Access to all documents

Improve your grades

Join milions of students

By signing up you accept Terms of Service and Privacy Policy

Understanding Evidence Rules in UK Criminal Cases

The admissibility of evidence in criminal proceedings UK is governed by strict rules to ensure fair trials. Key points include:

Relevance and Admissibility

Evidence must be both relevant and admissible to be used in court. This is based on Section 28 of the Police and Criminal Evidence Act 1984.

Definition: Relevant facts are those needed to prove or disprove the facts in issue, which are the principal matters in dispute in a case.

The reliability of evidence is crucial, encompassing:

  • Credibility of witnesses
  • Authenticity of documents
  • Accuracy of information

Example: Sir Roy Meadow's evidence on cot deaths was later found to be inaccurate and unreliable, highlighting the importance of accuracy in expert testimony.

Admissibility Criteria

Not all evidence is allowed in court. Judges may exclude:

  1. Illegally or improperly obtained evidence
  2. Evidence that risks an unfair trial

Highlight: The court balances the probative value of evidence against its potential prejudicial effect when deciding admissibility.

Right to Silence

While suspects have the right to remain silent, the Criminal Justice and Public Order Act 1994 allows juries to draw inferences from silence in certain circumstances.

Quote: "The Criminal Justice and Public Order Act 1994 means the jury can make inferences about the defendant's guilt if they're silent."

Bad Character Evidence

The Criminal Justice Act 2003 defines bad character as "evidence of or disposition towards misconduct." This can include previous convictions or cautions.

Vocabulary: Character evidence refers to information about a person's past behavior or reputation used to assess their credibility or likelihood of committing a crime.

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The app is very easy to use and well designed. I have found everything I was looking for so far and have been able to learn a lot from the presentations! I will definitely use the app for a class assignment! And of course it also helps a lot as an inspiration.

Stefan S

iOS user

This app is really great. There are so many study notes and help [...]. My problem subject is French, for example, and the app has so many options for help. Thanks to this app, I have improved my French. I would recommend it to anyone.

Samantha Klich

Android user

Wow, I am really amazed. I just tried the app because I've seen it advertised many times and was absolutely stunned. This app is THE HELP you want for school and above all, it offers so many things, such as workouts and fact sheets, which have been VERY helpful to me personally.

Anna

iOS user

I think it’s very much worth it and you’ll end up using it a lot once you get the hang of it and even after looking at others notes you can still ask your Artificial intelligence buddy the question and ask to simplify it if you still don’t get it!!! In the end I think it’s worth it 😊👍 ⚠️Also DID I MENTION ITS FREEE YOU DON’T HAVE TO PAY FOR ANYTHING AND STILL GET YOUR GRADES IN PERFECTLY❗️❗️⚠️

Thomas R

iOS user

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Brad T

Android user

Not only did it help me find the answer but it also showed me alternative ways to solve it. I was horrible in math and science but now I have an a in both subjects. Thanks for the help🤍🤍

David K

iOS user

The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!

Sudenaz Ocak

Android user

In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.

Greenlight Bonnie

Android user

I found this app a couple years ago and it has only gotten better since then. I really love it because it can help with written questions and photo questions. Also, it can find study guides that other people have made as well as flashcard sets and practice tests. The free version is also amazing for students who might not be able to afford it. Would 100% recommend

Aubrey

iOS user

Best app if you're in Highschool or Junior high. I have been using this app for 2 school years and it's the best, it's good if you don't have anyone to help you with school work.😋🩷🎀

Marco B

iOS user

THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE THE SCHOOLGPT. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH 😍😁😲🤑💗✨🎀😮

Elisha

iOS user

This app is phenomenal down to the correct info and the various topics you can study! I greatly recommend it for people who struggle with procrastination and those who need homework help. It has been perfectly accurate for world 1 history as far as I’ve seen! Geometry too!

Paul T

iOS user