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2.3 Understand rules in relation to the use of evidence in criminal cases
Relevance of evidence
The evidence used on the defendants and prosecution side has to be reliable. This means:
Credible, where the court needs to believe the piece of evidence shown to them, authentic,
this is where the evidence needs to be true and not forged , accurate, where the evidence is
supported by fact. In the case of Bill Roache, he was accused of groping underage women
on the set of Coronation street. However, these offences took place over 40 years ago
therefore some of the women giving evidence couldn't quite remember specific details. This
meant the evidence was not reliable and Bill was later acquitted. There are two different
types of fact in a trial: Facts in issue and relevant facts. Facts in issue are facts that the
prosecution try to prove and defence try to disprove, for example someone is accused of
murder, the prosecution needs to prove that the this person committed the act and defence
has to try to disprove it. Relevant facts is the evidence needed to prove the facts in issue,
for example the prosecution found fingerprints on the murder weapon that matches the
suspect.
Admissibility of evidence
If evidence is illegally or improperly obtained it is not admissible in court. Illegally obtained
evidence is where evidence is gained through breaking the law or violating a person's
human rights, for example illegally tape recording a conversation. Improperly obtained
evidence is where deception is used to gain evidence, for example using undercover
officers. It is everyone's right to remain silent as the accused are innocent until proven guilty.
However, the Criminal Justice and Public Order Act 1994 allows members of the jury to draw
inferences about a defendant's guilt when remaining silent. Failing to answer police
questions can infer a defendant's guilt. Failure to testify in court can be inferred guilt unless
the defence provides a reason otherwise. When accepting evidence for a defendant it has to
be credible. If the evidence is provided by a good character it can mean the evidence can be
classified as credible. The Criminal Justice Act 2003 defines bad character as evidence of or
disposition towards misconduct, this can include previous conviction.
Disclosure of evidence
The law puts a duty on the prosecution to disclose evidence to the defendant so they are
able to inspect the materials and defence so that they can prepare to answer the case
against them. The prosecution has a duty to: Provide the names of any witnesses beyond
those named on the indictment that the prosecution intends to call to give evidence and
make accessible to the defence any unused material relevant to the case that they do not
plan to present to the court. Unused material includes anything that might undermine the
prosecution's own case or help the defense's case, for example search records, the
disclosure of this needs to be done as soon as it is reasonably practicable. If the prosecution
fails to disclose the case can be completely dropped. For example in the case of liam Allen,
who was accused of rape but the trial was dropped when it emerged the prosecution had not
disclosed the computer disc which ended up showing a substantial amount of text messages
from the victim pestering him for casual sex.
Hearsay evidence
Hearsay evidence is where a statement has been made by someone out of court to a
witness who is appearing in court. For example Greg is a witness in a murder trial. He
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