Criminology unit 3
2.3 Understand rules in relation to the used of evidence in
criminal cases
Relevance and Admissibility of Evidence
When evidence is used within a criminal case to determine whether the defendant is guilty
or innocent. The evidence must fall under certain guidelines and rules. All evidence which is
presented in a court by either the defence or prosecution team must be deemed: reliable,
relevant and admissible.
Relevance and Admissibility of Evidence
Reliability
The reliability of evidence refers to the extent of which evidence is true/accurate and
dependable. In order to help assess the reliability of evidence there are several factors that
must be considered, which is the credibility, authenticity and accuracy of evidence.
The credibility of evidence is the extent to which a reasonable person within the court, such
as a member of the jury, would believe that the evidence presented to them was truthful.
For example, if an eyewitness is called, they should be of good character and not likely to lie
when presenting a testimony. The credibility of evidence will increase if it has been proven
to be accurate, for example, if it has scientific support which was received by expert,
statistics presented may be considered to be more correct/true. In order for evidence to be
classified as authentic it must be genuine or original. For example, a document which is used
as evidence and presented to a jury must not be forged.
Relevance of Evidence in Court
The relevance of evidence in court refers to the difference between facts in issue and
relevant facts
Facts in issue may also be referred to as ‘principal’ facts and are the primary matters which
the court are discussing and must make a decision about. For example, if person A
threatened person B with a knife, the primary matter in question would be if a knife was
actually used to threaten person B.
Relevant facts, are facts which are presented to support the facts in issue and prove or
disprove the arguments made by the prosecution or defence in court. An example of a
relevant fact would be if Person A’s finger prints were in fact found on the knife which was
supposedly used.
Admissibility of Evidence in Court
When presenting evidence within a court only certain types of evidence can be heard. This is
because a defendant has the right to a fair trial. This means that certain kinds of evidence
may be classed as inadmissible. Examples of inadmissible evidence would include that of
which is improperly/illegally obtained. For example, if evidence was obtained through an
