Unlock your path to an A grade with my comprehensive notes on Unit 3 AC1.3 Explain how evidence is processed. Packed with everything you need – textbook insights, lecture materials, and in-depth research featuring real-life case studies and statistics.
AC1.3 - How is evidence processed?
Evidence is any form of information that proves the guilt or innocence of the defendant. Evidence comes in the forms
of physical and testimonial evidence, and within these groups, each piece of evidence can be primary or secondary.
Testimonial Evidence
● Includes any statements given by any witness to the crime collected in interviews
● It is often collected by the police and is stored on a secure database or filing system
● Vulnerable witnesses, such as those under 17, victims of sexual offences, and individuals with mental or
physical impairments, have the option to provide their testimony via a video link or behind a screen in court
● Before the trial evidence is transferred to the court where it is analysed through cross-examination
● It is the role of the judge to determine its relevance and weight in the case
● Admissibility is dependent upon compliance with the rules of evidence
The Rules of Evidence
Any evidence given in court must follow certain rules to be considered admissible
● Probative: It must add value to the case and be credible
● Non-prejudicial: It must be factual and impartial
● Relevant: Evidence must pertain to the case, either supporting or refuting the defendant’s guilt
● Coherent: Evidence should be clear and logically organised so that it is understandable
● Provable: Must be provable unless the law allows for assumptions to be made
● Accurate: All witnesses must tell the truth
Types of Evidence
Expert evidence: Opinions from specialists like entomologists or pathologists aid the court's understanding
↳ Admissible however can be misleading (Sir Roy Meadows)
Direct evidence: Information witnessed or acquired directly through the senses
↳ Therefore excluding hearsay evidence
Circumstantial evidence: Inferences drawn from circumstances related to the case that allow conclusions
Res Gestae: Latin for things done; provides context to the evidence presented and is used when relevance is needed
Bad character evidence: Defined by the CJA 2003 as ‘evidence of or disposition towards misconduct’
Case Study - Ronald Cotton
★ Ronald Cotton was convicted of rape based on the EWT of victim Jennifer Thompson-Canino who picked him
out of a photo line-up multiple time
★ Her certainty led to his false conviction, and it wasn't until 10 years later that he was acquitted due to DNA
evidence and a confession
★ Upon his release he and Jennifer campaign around EWT and wrongful convictions
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