Summary Criminology Unit 3 - AC2.3 Understand the rules in relation to the use of evidence in criminal cases
15 views 0 purchase
Course
Crime Scene to Courtroom
Institution
WJEC
Book
Criminology Book Two
This is a summary note of Ac2.3, Understand the rules in relation to the use of evidence in criminal cases. These notes helped me receive an A* overall; friends and family who borrowed these notes have received high grades. It is quickly allied with titles and detailed explanations that are easy to...
Criminology Unit 3 - AC2.4 Asses the key influence affecting the outcomes of the criminal cases
Criminology Unit 3 - AC2.5 Discuss the use of lay people
All for this textbook (33)
Written for
A/AS Level
WJEC
Criminology
Crime Scene to Courtroom
All documents for this subject (371)
Seller
Follow
isabellajane12
Content preview
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
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller isabellajane12. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $9.82. You're not tied to anything after your purchase.
