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LPC Law Notes > Criminal Litigation Notes
A more recent version of these Evidential Issues & Bad Character notes – written by Cambridge And Oxilp And College Of Law students – is available here.
The following is a more accessble plain text extract of the PDF sample above, taken from our Criminal Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Core Module: Criminal Litigation
Criminal Litigation Evidential Issues & Bad Character Evidential Issues
1. Plea and Case Management Hearing [PCMH form]
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Advocates Questionnaire
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Evidential burden: Prosecution must satisfy otherwise D can argue there is no case to answer.
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Evidence must be: Relevant and admissible!
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Burden of Proof - CPS have the legal burden [to prove facts of the case - i.e. Actus Reus and Mens Rea].
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Standard of proof for prosecution = beyond reasonable doubt.
2. Issue of evidence that is improperly obtained.
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S.78 PACE If the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.
[e.g. breach of Code C / PACE]
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S.76 (2) PACE Confessions which are obtained as a result of violence or threats
Oppression; or
Something said or done which in the circumstances makes it unreliable.
3. Procedure for challenging admissibility of evidence:
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Crown court = admissibility is decided by judge, in absence of the jury in the Voir Dire [takes place before trial]. If evidence is excluded, jury will never know about its existence.
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1 Magistrates court = admissibility decided by magistrates, either:
Pre-trial review
At a trial
Following D's submissions of no case to answer at end of P case; or
At end of trial.
Buy the full version of these notes or essay plans and more in our Criminal Litigation Notes.
