This is an extract of our Evidential Issues & Bad Character document, which we sell as part of our Criminal Litigation Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.
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Core Module: Criminal Litigation
Criminal Litigation Evidential Issues & Bad Character Evidential Issues
1. Plea and Case Management Hearing [PCMH form]
Evidential burden: Prosecution must satisfy otherwise D can argue there is no case to answer.
Evidence must be: Relevant and admissible!
Burden of Proof - CPS have the legal burden [to prove facts of the case - i.e. Actus Reus and Mens Rea].
Standard of proof for prosecution = beyond reasonable doubt.
2. Issue of evidence that is improperly obtained.
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]
S.76 (2) PACE Confessions which are obtained as a result of violence or threats
Something said or done which in the circumstances makes it unreliable.
3. Procedure for challenging admissibility of evidence:
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.
1 Magistrates court = admissibility decided by magistrates, either:
At a trial
Following D's submissions of no case to answer at end of P case; or
At end of trial.
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