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Wjec criminology - Unit 3
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2.3Relevance and admissibility
- For evidence to be put forward in a trial, it must be relevant, reliable,
- and admissible. Sometimes evidence can be admissible but not relevant
- however, sometimes relevant evidence isn’t always admissible.
- Evidence that doesn’t have any relation to any facts is considered
- irrelevant and therefore inadmissible.
- For evidence to be admissible it must be reliable and relevant.
- Relevant evidence can be admissible but irrelevant will never be admissible.
- Section 78 of the Police and Criminal Evidence Act lays out how judges and
magistrates can disregard evidence
- if “having regard to all the circumstance including the circumstances in which the
evidence was obtained, the admission of the evidence would have such an adverse
effect on the fairness of the proceedings that the court ought not to admit.”
- Probative value must exceed the harm to the case.
- The strength of evidence and how it relates to the facts must outweigh prejudicial
and misleading factors.
- Under the Criminal justice and public order act 1994, it states that if a suspect fails to
provide an answer when questioned under caution, it may persuade the jury to
believe guilt, commonly understood as pre-trial guilt.
- However, this isn’t classed as reasonable evidence to press charges.
- However, under section 78 of PACE this understanding could potentially have an
adverse effect on whether it is now considered a fair trial.
- The criminal justice act 2003 provides the rule that knowledge of previous
convictions cannot be used as evidence, although section 103 says it can be
admissible evidence if offender is casually committing criminal offences of a similar
description often.
- For example, in the case of Colin Stagg, he was found to have matched the offender
profile.
- Due to suspicion, the police set up an undercover operation where a policewomen
tried to befriend him in a mature way to try get him to confess.
- This covert evidence was dismissed by the judge as an attempt to incriminate, this
was inadmissible evidence as it jeopardised the fairness of this trial.
Hearsay
- Section 114 of the Criminal Justice Act 2003 lays out the laws on Hearsay evidence.
- It underlines how any statements made by an individual who is not called upon to
testify in court, their statements are used as evidence.
- Meaning, if someone says they heard from someone else or they got told something
from someone else.
- It is Hearsay, as then technically the witness hasn’t first handedly witnessed
anything.
- This evidence is inadmissible in court.
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