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1. Evidence may be proved by:
2. In considering the evidence needed to ensure a conviction, you should be concerned with:
3. Evidence of whatever type must be both relevant and admissible. Evidence is relevant if it logically goes to proving or disproving some fact at issue in the prosecution. It is admissible if it relates to the facts in issue, or to circumstances that make those facts probable or improbable, and has been properly obtained. The prosecution is only required to introduce evidence that proves each element of the offence. For example, for an absolute offence, it is not necessary to introduce evidence as to the defendant's state of mind. This would be irrelevant and inadmissible. 1 The "weight" of the evidence is the reliance that can properly be placed on it by the court.
4. After taking the oath or affirming a witness is:
5. takes place for each prosecution and each defence witness in turn.
6. A witness should not be required to answer any question in court where the answer would:
7. A court will take judicial notice of facts that are of such common knowledge that to require proof of them would be absurd, such as the meaning of ordinary words. Unless an Act expressly provides otherwise, the court takes judicial notice of all Acts of Parliament. 7
8. Either the prosecution (e.g. by way of a Friskies schedule) or the defendant may admit facts in writing before a case comes to court or may agree admissions at court. The “formal admission” is conclusive evidence of the fact admitted, so no other evidence on the matter needs to be brought (see also Witnesses and statements – Formal admissions).
9. Under section 10(1) of the Criminal Justice Act 1967, factual admissions may be made of any fact of which oral evidence may be given in any criminal proceedings; i.e. admissions cannot be used to admit evidence which would otherwise be excluded by the court.
10. You should note the following key points concerning admissions:
11. An example of a written form of formal admission can be found in the letters and forms section.
12. An admission may be withdrawn with the leave of the court during the proceedings or at any subsequent appeal12.
13. It is important to distinguish between formal and informal admissions. An informal admission (which does not meet the statutory requirements of s10 of the Criminal Justice Act 1967) is a statement made by the defendant which is adverse to his/her case. It is admissible as evidence of the truth of what is admitted although, unlike a formal admission, informal admissions are not conclusive proof. An example of an informal admission is a statement made by a defendant during a PACE interview which undermines the defence case.
14. The maker of the informal admission may adduce evidence at trial with a view to explaining the admission away. A party who fails formally to admit facts about which there is no real dispute may be ordered to pay the costs incurred by the opposite number in proving them. Legal advisers owe a duty to their clients to consider if any formal admissions can be made. Informal admissions are exceptions to the "hearsay rule".
15. The general rule is that any statement, other than one made by a witness while giving evidence in the proceedings, is inadmissible as evidence of the facts stated. 13However, this rule only applies if the statement is given as evidence of the truth of its contents. The rule applies to both oral and written statements. The main reason for the rule is that there is otherwise no opportunity to test whether the person that made the original statement is telling the truth.
16. This rule is considered in more details in the `Hearsay' Section.
17. Witnesses must only give evidence of facts observed by them, and not evidence of their opinion (i.e. evidence of inferences drawn from those facts). However, witnesses may give evidence of opinion as a means of conveying relevant facts observed by that witness. 14
18. For example, an assertion that a person was drunk may be a convenient way of describing what the witness saw, heard or smelt which led him or her to form that opinion. The court will allow such statements as long as no special expertise is necessary.
19. The court may need expert opinion on matters outside of its experience. When this need arises, expert opinion is admissible. Expert witnesses may give an opinion upon facts that are either admitted or proved in evidence. (You should refer to the section on Expert Evidence for further information).
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