Evidence

Evidence

Inferences
1. s34 - 37 of Criminal Justice and Public Order Act 1994
  1. s34 - silence when questioned under caution
    1. if fail to mention something later relied on as defence - MAY draw inferences
      1. if could reasonably have been expected to mention it at the time
  2. s35 - Silence when questioned at trial
    1. failing to give evidence at trial
      1. The D has not given evidence, that is his right - you may draw an inference but cannot prove guilt by inference alone (R v Cowan)
    2. failing to answer a question
  3. s36 - refusal to account for objects subtances or marks (special caution required)
    1. PC reasonably believes commission of offence, informs the D that he so believes, and requests D to account - failure to account = inference as appears proper to jury
  4. s37 - refusal to account for presence at the scene (special caution required)
2. s5 Criminal Procedure and Investigations Act 1996 - Defence statement must be served
  1. Crown Court - Mandatory - 28 days
    1. s11 Criminal procedures and Investigation act - adverse inference
      1. fail to serve
      2. serves late
      3. inconsistent defences
      4. puts a defence at trial not stated in statement
  2. Mags - voluntary - 14 days
3. Lies - generally admissible
  1. R v Lucas
    1. said deliberately
    2. in realisation of guilt and fear of the truth
    3. must be untrue
    4. concerned with a material issue
    5. Direction only needed where the lies are directly relevant to charged offence - eg alibi
4. Refusal to give an intimate sample s 62(1) PACE
  1. inference allowed
Character Evidence
1. Bad Character
  1. Defendant s101(1) CJA 2003
    1. s101(1)(a) by agreement
    2. s101(1)(b) Defendant deliberately adduces it
    3. s101(1)(c) important explanatory evidence
      1. without it, the court or jury would find it impossible or difficult to properly understand other evidence in the case and
      2. its value for understanding the whole case is substantial
      3. exclusion
        PACE s78
        R v Sang
    4. s101(1)(d)important issue in dispute between the P and D (prosecution only)
      1. s 103(1) propensity to offend
        previous convictions
        same description or same category
        is indictment worded the same?
        Theft category and SO (persons under 16 category
        other previous convitions
        ORB
        another count of indictment never been prosecuted prosecuted but acquitted not amountign to teh commission of an offence
        R v Hanson
        does the history establish propensity?
        does the propensity make it more likely that the D committed the offence charged?
        Is it unjust and would the proceedings be unfair if the evidence was admitted?
        length of time or any other reason
        HANSON DIRECTION
      2. propensity to be untruthful
        only really where telling lies is a feature of the crime - R v Campbell
      3. relevance?
        identity
        Ar or MR
        Defences
      4. Exclusion
        s101(3) CJA - must not be admitted if would have such an adverse effect on the proceedings that the court ought not to admit it
        s103(3)
        R v Sang
    5. s101(1)(e) - substantial probative value in relation to an important matter in issue between d and co-D
      1. no power to exclude
    6. s101(1)(f) to correct a false impression given by the defendant
      1. PACE s78 1984 and SANG
    7. s101(1)(g) the D has attacked another person's character
      1. s101(3) SANG and s78 PACE
  2. Witness
    1. s100 CJA 2003
      1. only admissible if a) - important explanatory evidence
      2. b) substantial probative value in relation to a matter which is a metter in issue in the proceedings and of subtantial importance in the context as a whole or c) all parties agree
  3. evidence of, or of a disposition towards misconduct on his part
    1. oether than that to do with the facts of the case or in connection with the investigation thereof
      1. s98(a) and (b) CJA make this admissible
    2. offence or other reprehensible behaviour s112 CJA 2003
2. Good Character
  1. Vye direction
  2. relevance to innocence - is it likely that the D did not commit the offence?
  3. relevance to credibility - is the D's story likely to be believed?
Hearsay
1. S115 a statement made out of court for the purpose of proving the matter stated
2. S114 -4 grounds of admissibility
  1. Statutory provision
    1. S116 maker unavailable
      1. Must be admissible if the witness attended
      2. The witness is IDed
      3. Cannot attend for 1 of 5 reasons
        Dead
        Unfit mental or physically
        Outside the UK
        Cannot be found
        Fear
    2. S117 business or personal document
      1. Created in course of trade
      2. Suppliers must have had personal knowledge
      3. Each person receiving info must have done so in course of business
    3. S118
      1. Public info
      2. Reputation
      3. Res gestae
        So emotionally overwhelmed by event that concoction can be disregarded
  2. Preserved common law exception
  3. All parties agree
  4. In the interests of justice
    1. How much probation value Or how valuable is it to understanding other evidence in the case?
    2. What other evidence can be given On the matter to the left
    3. How important is it to the case as a whole
    4. Circumstances made in, reliability of maker etc

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