Evidence

Created by

Elliot

Cards (16)

How is bad character evidence admitted under gateway A?
Only if prosecution and defence agree
How is bad character evidence admitted under gateway B?
when evidence is given by D himself under cross examination
How is bad character evidence admitted under gateway C?
Only if the bad character evidence is so important it helps to explain the case - prosecutions case would fail with out it
How is bad character evidence admitted under gateway D?
Bce is a matter of substantial importance in the context of the case as a whole (most commonly relied on)
How is bad character evidence admitted under gateway E?
Bce used when important matter in issue between defendant and co-defendant. Can be used when a D has a propensity to be unthruthful
How is bad character evidence admitted under gateway F?
Bce can be admitted when a D gives a false impression to the court and this bce can be used to correct this
How is bad character evidence admitted under gateway G?
Bce can be admitted if the D attacks the character of another person. Allows for D to be cross examined. To find info on their previous criminal past or conduct
When might a witness statement be admitted as evidence without the witness giving oral evidence under s.116 CJA2003 ? 
Person is dead
Person is unfit to attend due to physical health or mental condition
Person is outside UK- not practical for them to attend
Person cannot be found after all reasonable steps are taken to find them
Person does not wanlt to give oral evidence die to fear and court gives leave for statement to be admitted
When can an adverse inference be drawn under s.34 PACE
When a suspect is silent when questioned under caution at police interview - then later relies on a fact at trial not mentioned in interview
When can an adverse inference be drawn under s.35 of PACE 
when a defendant is silent at trial - unless suspect has mental or physical condition which makes him undesirable to do so
When can an adverse inference be drawn under s.36 of PACE.
when a person fails or refuses to account for objects,substances or marks found -on his persons/on his clothing or footwear/otherwise in his possession/anyplace at time of his arrest. OR when investigating officer believes mark or substance is attributable to persons involvement
When can an adverse inference be drawn under s.37 of PACE
when a defendant fails or refuses to account for his presence at a particular place where it is believed that he may have committed an offence
What is required for s.36 and s.37 to be engaged?
Suspect must be arrested
What should solicitor recommend to client if there is limited disclosure from the investigating officer in relation to the charge?
recommend a no comment interview if unable to provide client with useful advice
under what circumstances would s.34 of PACE not apply?
if police have made up their minds on a charge and have realistic prospects of conviction
Silence can be justified due to complex matters
Facts in question were not known to D at time when he failed to disclose them
If legal advice is not offered from start of interrogation
D faces trial on different offence for which he was charged or warned
Omission of facts, hypothesise or mere suggestions cannot be relied on by prosecution as facts
When must police provide special warnings unfer PACE
ONLY APPLY TO S.36/S.37