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AC2.1-Ac2.5. notes
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Lecture notes of 2 pages for the course Crime Scene to Courtroom at WJEC (A* achieved)
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AC2.3 - Understand the rules in relation to the use of evidence in criminal casesRelevance and Admissibility:
Credibility of Evidence: The credibility of evidence is a key factor in determining its admissibility in a criminal
case. This means that the court assesses whether the evidence is believable and whether the witness is
telling the truth. Evidence that lacks credibility may be deemed inadmissible.
Authenticity and Genuineness: Evidence must also be authentic and genuine. This means that fabricated or
tampered documents, for example, are not considered as admissible evidence. The court must be satisfied
that the evidence is what it claims to be.
Level of Detail and Support: The level of detail in evidence and the support it receives from the scientific
community can affect its reliability and, consequently, its admissibility. Scientific evidence, in particular,
should meet certain standards of reliability to be admissible.
Ethical and Legal Collection: Evidence must be collected in an ethical and legal manner. Evidence obtained
unethically or illegally may be challenged and possibly deemed inadmissible. This can include evidence
obtained through entrapment or other unlawful means.
Improperly Obtained Evidence (Admissibility):
Evidence that is improperly obtained, such as through entrapment, is subject to scrutiny. If the police use
tactics like honey trapping to induce someone to commit a crime or confess to one, it may lead to the
evidence being excluded from the trial. The court will assess whether the methods used violated the
defendant's rights or the law.
Improperly obtained evidence is a common ground for defence teams to seek the exclusion of evidence,
particularly if the methods used were considered unfair or unconstitutional.
Pre-trial Silence (Admissibility):
The admissibility of pre-trial silence relates to the Criminal Justice and Public Order Act of 1994. According to
this Act, if a defendant refuses to cooperate with the police or refuses to testify in court, the jury may infer
that the defendant is guilty.
This rule allows for the consideration of a defendant's pre-trial silence as evidence of guilt. However, it's
essential to ensure that the defendant's right to remain silent is not violated, and the jury's inference is
based on a legitimate refusal to cooperate rather than an unlawful pressure to confess.
Character Evidence and Past Convictions:
Character evidence, which includes information about a person's reputation and character traits, and past
convictions are subject to specific rules. In many jurisdictions, character evidence is generally not admissible
unless it becomes relevant to the case.
Past convictions may be admissible under certain circumstances, such as when they are relevant to proving
the defendant's motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake.
The rules governing character evidence and past convictions are designed to balance the need for a fair trial
with the risk of prejudice.
Disclosure of Evidence:
Disclosure in criminal cases is the process by which the prosecution and defence exchange evidence that will
be used during the trial. Both sides have an obligation to provide relevant evidence to the other party.
The prosecution is obligated to inform the accused of the evidence they plan to use and provide any unused
evidence that may benefit the defence or undermine the prosecution's case. Failure to disclose such
evidence can result in charges being dropped, and this requirement is fundamental to ensuring a fair trial.
Disclosure in Criminal Cases:
Disclosure in criminal cases is the legal requirement for both the prosecution and defense to provide the
opposing party with all relevant evidence they intend to use in the trial. The purpose of disclosure is to
ensure a fair and transparent trial.
Failure to disclose evidence, especially material that could exonerate the defendant or undermine the
prosecution's case, can have serious consequences, including the dismissal of charges or mistrial.
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