ADVERSARIAL SYSTEM

Question 1

what’s an adversarial system uk

Answer 1

The UK has a predominantly adversarial court system in which the parties investigate their own cases and call their own evidence. A case is argued by two opposing sides who have the primary responsibility for finding and presenting facts

Question 2

What has to be proved in civil cases?

Answer 2

on the balance of probabilities

Question 3

What has to be proved in criminal cases?

Answer 3

beyond reasonable doubt

Question 4

Who tests the evidence?

Answer 4

Defence

Question 5

Who can advance a positive defence

Answer 5

defence

Question 6

Whats a positive defence?

Answer 6

In an affirmative defense, the defendant may concede that they committed the alleged acts, but they prove other facts which, under the law, either justify or excuse their otherwise wrongful actions, or otherwise overcomes the plaintiff’s claim.

Question 7

Whats prohibited when it comes to the positive defence?

Answer 7

You can not mislead the court, you can not lie

Question 8

Who is the finder of the fact?

Answer 8

Jury

Question 9

Who is the finder of the law?

Answer 9

The judge

Question 10

Evidence at trial is elicited in three forms: (how to get evidence presented

Answer 10

• Evidence in chief (main statement if you are a witness)
• Cross-examination: testing the evidence and building situation where you can contradict the evidence.
• Re-examination

Question 11

There are different types of witnesses and different types of evidence. Different types of evidence mean they have different type of rules that apply. Rules of evidence apply different according to type of witness. These include?

Answer 11

• Witnesses of fact
• Expert witnesses
• Witness statements
• Documentary evidence; could be e.g. a will

Question 12

RULES OF EVIDENCE

Answer 12

• Common Law
• Police and Criminal Evidence Act 1994
• Civil Evidence Act 1995
• Criminal Justice Act 2003
  → prove all the elements and then decide which law is applicable

Question 13

DECISION TO PROSECUTE: What are the steps that get taken?

Answer 13

1.The Evidential Stage
2.Can the evidence be used in court
3.Is the evidence reliable?
4.Is the evidence credible?
5.Is there any other material that might affect the sufficiency of evidence?
6.The Public Interest Stage

Question 14

The Evidential Stage

Answer 14

“4.6 Prosecutors must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction.→ will they be found guilty and not: are they guilty? There needs to be enough evidence to be found guilty.

Question 15

“4.8 Can the evidence be used in court?

Answer 15

Prosecutors should consider whether there is any question over the admissibility of certain evidence. In doing so, prosecutors should assess:

• the likelihood of that evidence being held as inadmissible by the court; and
• the importance of that evidence in relation to the evidence as a whole.

Question 16

Is the evidence reliable

Answer 16

Prosecutors should consider whether there are any reasons to question the reliability of the evidence, including its accuracy or integrity.

Question 17

Is the evidence credible

Answer 17

Prosecutors should consider whether there are any reasons to doubt the credibility of the evidence.

Question 18

Is there any other material that might affect the sufficiency of evidence?

Answer 18

Prosecutors must consider at this stage and throughout the case whether there is any material that may affect the assessment of the sufficiency of evidence, including examined and unexamined material in the possession of the police, and material that may be obtained through further reasonable lines of inquiry.

Question 19

The Public Interest Stage

Answer 19

Under section 4.9, if the case does meet the evidential test, Crown Prosecutors must decide if a prosecution is needed in the public interest. “4.14 Prosecutors should consider each of the following questions:
a. How serious is the offence committed?…
b. What is the level of culpability of the suspect?…
c. What are the circumstances of and the harm caused to the victim?…
d. What was the suspect’s age and maturity at the time of the offence?…
e. What is the impact on the community?…
f. Is prosecution a proportionate response?…
h. Do sources of information require protecting?…”

All sort of evidence is possible: e.g. videos, photos etc. It doesn’t need to be a legal document