Part 6 and 7

    Cards (42)

    • Types of evidence
      • Oral evidence
      • Documentary evidence
      • Real evidence - evidence brought into court, called production (items, forensics)
    • Crown
      Has to lead witnesses to give evidence
    • Joint minute of agreement
      Agreed on evidence admission
    • Relevant evidence
      Has a logical link to crime
    • Admissible evidence
      Only relevant evidence is admissible
    • Past convictions are not always admissible
    • Hearsay is not admissible, unless it is a confession
    • Facta probanda
      Facts to be proved
    • Facta probationis
      Facts of the proof/circumstantial evidence
    • Burdens of proof
      • Persuasive
      • Evidential
      • Incidence
    • Standard of proof
      Beyond reasonable doubt
    • Criminal Procedure (Scotland) Act 1995, S51A and S51B
    • Competency and compellability of witnesses
      All witnesses are competent and compellable unless proved not to be, except the accused
    • Wide range of digital evidence
    • Minor impropriety
      Evidence still admissible
    • Balancing act
      Higher stakes higher amount of impropriety allowed
    • Confessions
      Voluntary statement given freely, does not have to be verbal, cannot assume guilt due to usage of silence
    • Once main suspect is in police mind, then there should not be any further questioning only arrest
    • Confessions should be given spontaneously and freely
    • Confessions are never a goal
    • Character evidence
      Generally not admissible since it is deemed to be "collateral, in effect irrelevant", can always lead good character evidence, character of complainers: sexual history evidence
    • Criminal Procedure (Scotland) Act 1995, ss274, 275 and 275A
    • Accused may raise action to reveal complainers sexual history, usually in sexual assault cases and used to defame the complainers character
    • CPA - broadly there is now statutory prohibition of introducing bad character evidence, even with sexual history for both sides
    • Pre-trial approval - previous convictions can be revealed, if the sexual history is revealed so can previous convictions which be very damaging for the accused
    • Criminal procedure (Scotland) Act 1995, s101(1): "Previous convictions against the accused shall not, subject to [some exceptions] be laid before the jury..."
    • Criminal Procedure (Scotland) Act 1995, s 166(3): "The previous convictions against the accused shall not, subject to [some exceptions] be laid before the judge..."
    • Statutory mean that prosecution cannot let the jury or judge know of previous convictions, witnesses cannot reveal previous convictions
    • Exceptions to hearsay being inadmissible
      • Identification evidence
      • Documents
      • Res gestae
      • Confessions
      • Statutory exceptions - CPA 1995 s259
    • Hearsay is allowed if it is the best evidence available - victims testifies who harmed them on their deathbed, whoever heard the testimony can be used as hearsay evidence
    • heresay
      CPA 1995 s259 exceptions apply where the person who made the original statement is dead, physically/mentally unfit, out with the UK, cannot be found, refuses to give evidence, or refuses to give evidence after being directed by the judge
    • Opinion evidence and expert evidence
      General rule: witnesses cannot give testimony about their personal opinions, exception - expert witnesses can give opinion evidence
    • Witnesses can give facts they've perceived but not give opinion - the car was driving really fast is okay, but cannot say the car was speeding
    • Role of the expert
      To provide the fact finder (judge or jury) with information and context that is out with normal experience
    • Vulnerable witnesses and special measures
      CPA, s 271(1) - vulnerable witnesses, CPA, s 271(2) - what courts have to take into account, CPA, s 272H - special measure, Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019
    • sufficientSufficiency of evidence and corroboration
      Cadder v H.M. Advocate: '33*'
    • Sufficiency of evidence and corroboration
      Moroov v H.M. Advocate
    • Sufficiency of evidence and corroboration
      35. Lord Advocate's Reference
    • Digital Evidence
      36. Gubinas v H.M. Advocate
    • aspects of evidence law
      37. Lawrie v Muir - evidence improperly obtained should be excluded
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