Admissibility and the principles of evidence law Flashcards
(16 cards)
When is evidence admissible?
When it can be legally received by a court
Who decides on the admissibility of evidence?
the judge
In deciding whether evidence is admissible, the courts have reference to what certain principles of evidence law:
- Relevance
- Reliability
- Unfairness
Define ‘relevant evidence’:
Evidence that has a tendency to prove or disprove anything that is of consequence to the determination of the proceeding
What must facts be to be received in evidence?
Relevant and admissible
What will inadmissibility or exclusion generally be due to?
- Reliability
- Fairness
- Public interest
In what 2 ways does unfairness usually arise?
- If it would result in some unfair prejudice in the proceeding
- It has been obtained in circumstances that would make it’s admission against the defendant unfair.
Explain Section 8 - General Exclusion (Judge must exclude evidence when?)
Judge must exclude evidence if it’s probative value is outweighed by the risk that the evidence will
a) have an unfairly prejudicial effect on the proceeding
b) needlessly prolong the proceeding
What is Section 8 General Exclusion intended to do?
Help the Judge manage the length of a trial and/or ensure fairness of the proceeding
What other Section has a similar balancing exercise as Section 8 - General Exclusion?
Section 43, with specific focus on the prejudicial effect on the defendant, where the prosecution wish to offer propensity evidence about the defendant
What does Section 9 allow?
Section 9 (1) of the Evidence Act allows for admission of evidence, even if it is not otherwise admissible, where the parties agree.
Section 14 allows what?
Provides that, where a question arises concerning the admissibility of any evidence, the judge may admit the evidence, subject to further evidence being offered later which establishes its admissibility.
What does Section 15 govern?
Governs evidence given by a witness to prove facts necessary for deciding whether some other evidence should be admitted in a proceeding.
Who does Section 15 apply to?
To all witnesses (not only defendants), and to evidence given in any type of hearing to determine the admissibility of evidence
Is evidence given at a ‘hearing in chambers’ admissible?
It is admissible in other stages of the proceeding only if the evidence given by the witness at this hearing is inconsistent with the witness’s subsequent testimony at another stage of the same proceeding.
Section 7(3) Evidence Act 2006 allows evidence to prove what?
Anything that is of consequence to the determination of the proceeding
