1.4 Preliminary evidential matters

Question 1

What are the ‘facts in issue’?

Answer 1

The facts in issue are the facts that any party needs to prove in order to prove its case.

Question 2

What are the three ways to prove a fact without calling live evidence?

Answer 2

1. Agreeing a witness statement as true by consent of the parties - Section 9 Criminal Justice Act 1967;
2. Agreeing any fact between the advocates (and reducing it to writing) - Section 10 Criminal Justice Act 1967;
3. Asking the judge or jury to take ‘judicial notice’ - where facts are generally and widely known.

Question 3

What can advocates ask the judge to take judicial notice of?

Answer 3

1. Where facts are generally and widely known; and/or

2. Judicial notice ‘on enquiry’ - where the judge can easily look up an easily accessible piece of information’.

Question 4

What can juries take judicial notice of?

Answer 4

Only what they are asked to take notice of. They cannot rely on personal knowledge. If a juror has personal knowledge of the case, she should inform the court.

Question 5

What is ‘real’ evidence?

Answer 5

Objects and things brought to court for inspection.

Question 6

What are the three types of documentary evidence? (Not including documents that are real evidence.)

Answer 6

1. Agreed statements - s.9 CJA
2. Admitted facts - s.10 CJA
3. Witness statements. (These will usually lead to oral evidence too.)

Question 7

What is the difference between direct evidence and circumstantial evidence?

Answer 7

1. Direct - directly shows that the matter in issue is true, e.g., the witness has had direct experience of the matter in issue;
2. Circumstantial - requires some form of inference, e.g., a train ticket in D’s pocket suggests that D travelled to a certain place at a certain time.

Question 8

What is ‘a view’?

Answer 8

Where the jury visits the scene of the crime or leaves court to view some evidence that cannot be brought to court.

Question 9

What is the first question on the admissibility of evidence?

Answer 9

Is the evidence relevant?

Question 10

How is evidence shown to be relevant?

Answer 10

[??]

Evidence is relevant if it is ‘logically probative’.

Question 11

What is the purpose of the exclusionary rules in PACE?

Answer 11

To protect the fairness of the trial.