AC 2.3

• What is the primary goal of the prosecution in a criminal trial?


  To prove that the defendant committed the offence in question
• What is the primary goal of the defence in a criminal trial?

  To disprove that the defendant committed the offence
• What must evidence be in order to be used in court?

  Reliable, relevant, and admissible
• What does the reliability of evidence concern?


  Whether the court can count on the evidence as being true
• What does credible evidence mean?

  It is believable by a reasonable person
• Why might a witness's testimony be considered unreliable?

  If the prevailing conditions made it impossible for them to see clearly
• What does authentic evidence refer to?

  Evidence that is genuine
• What does accurate evidence mean?

  It is correct in all details
• What are facts in issue in a trial?

  Matters which are in dispute and which the court has to decide about
• What are relevant facts in a trial?

  Facts needed to prove or disprove the facts in issue
• If David is accused of murdering Jack, what would be a fact in issue?

  Whether David did in fact beat Jack with the club
• What is the significance of fingerprints in a criminal case?

  They can serve as relevant facts in connection with whether a crime was committed
• What are the types of evidence that may not be admissible in court?

  • Illegally obtained evidence
  • Improperly obtained evidence
  • Evidence that endangers a fair trial
• What constitutes illegally obtained evidence?

  Evidence gained by breaking the law or violating a person's human rights
• What is improperly obtained evidence?

  Evidence gained through dishonest or improper means
• Under what circumstances can legally or improperly obtained evidence be permitted in court?

  If it helps to discover the truth and does not endanger a fair trial
• What is the presumption of innocence in law?

  The accused is presumed innocent until proven guilty beyond reasonable doubt
• What can the jury infer if a defendant remains silent during questioning?

  They can draw inferences about the defendant's guilt
• What is the Criminal Justice and Public Order Act 1994's provision regarding silence?

  It allows the jury to draw inferences about guilt if the defendant remains silent under certain circumstances
• What is considered bad character evidence?

  Evidence of or disposition towards misconduct, including previous convictions
• Under what circumstances can character evidence be admitted in court?

  When it shows a tendency to lie or commit similar offences
• What is contaminated evidence?


  Evidences that may unfairly influence the jury due to its source or collection method
• What is the prosecution's duty of disclosure?

  • Notify the accused of all evidence they intend to rely on
  • Make available any unused material relevant to the case
• What happens if the prosecution fails to disclose evidence?

  Charges may be dropped, as seen in the case of Liam Allan
• What is public interest immunity in relation to evidence disclosure?

  It exempts the prosecution from disclosing sensitive material that poses a risk to public interest
• What is hearsay evidence?


  A statement made by someone out of court that a witness wishes to rely on
• Why is hearsay evidence generally not admitted in court?

  Because it is second-hand evidence and cannot be verified
• What are some exceptions to the hearsay rule?

  Hearsay is admissible if all parties agree or if it is in the interests of justice
• Under what conditions can hearsay evidence be admitted if a witness is absent?


  If the witness is abroad, dead, unfit to testify, or has disappeared
• What must the prosecution prove in a criminal case?

  The prosecution must prove the defendant committed the offence.
• What is the role of the defense in a criminal case?

  The defense attempts to cast doubt on the prosecution's case.
• What criteria must evidence meet to be used in court?

  Evidence must be reliable, relevant, and admissible.
• What does reliable evidence mean?

  Reliable evidence is credible, authentic, and accurate.
• How is credible evidence defined?

  Credible evidence is believed by a reasonable person.
• What does authentic evidence refer to?

  Authentic evidence must be genuine, unaltered, and not tampered with.
• What does accurate evidence represent?

  Accurate evidence represents facts and is correct in details, believed by the majority.
• What must be addressed for evidence to be relevant?

  The facts in issue and relevant facts need to be addressed.
• What are facts in issue?

  Facts in issue are the matters disputed in a case that the court must decide about.
• What are relevant facts?

  Relevant facts are the information that proves or disproves the facts in issue.
• What types of evidence are considered inadmissible?

  Illegally obtained, improperly obtained, evidence of bad character, and the right to remain silent.