Evidence 1

Question 1

Who bears the legal burden of proof in criminal cases?

Answer 1

The prosecution

The prosecution must prove the defendant’s guilt beyond a reasonable doubt.

Question 2

What is the standard of proof required for the prosecution to establish guilt?

Answer 2

Beyond a reasonable doubt.

Question 3

Under what circumstances does the legal burden of proof fall on the defendant?

Answer 3

When the defendant pleads not guilty and raises a defense like insanity or duress.

Question 4

What is the standard of proof for a defendant raising a legal burden?

Answer 4

Proof on the balance of probabilities.

Question 5

What is the evidential burden for a defendant raising a specific defense?

Answer 5

To raise the defense with some evidence.

Question 6

What must the prosecution do at the conclusion of its case?

Answer 6

Present sufficient evidence to justify a finding of guilt.

Question 7

What happens if the prosecution fails to meet its evidential burden?

Answer 7

The defendant’s solicitor can make a submission of no case to answer.

Question 8

What does Section 78 of PACE 1984 allow the court to do?

Answer 8

Exclude evidence if its admission would adversely affect the fairness of proceedings.

Question 9

What are the requirements for visual identification procedures under Code D?

Answer 9

Images shown must resemble the suspect, and witnesses must be segregated.

Question 10

What are the Turnbull guidelines?

Answer 10

Guidelines for assessing the reliability of eyewitness identification evidence.

Question 11

What factors do judges consider when assessing identification evidence quality?

Answer 11

• Length of observation
• Distance
• Lighting
• Conditions
• Recognition
• Description accuracy

Question 12

What is a ‘Turnbull warning’?

Answer 12

A caution given to juries about the dangers of relying on identification evidence.

Question 13

What should happen if identification evidence is of poor quality and unsupported?

Answer 13

The judge should direct the jury to acquit the defendant.

Question 14

What is the ‘right to silence’ in criminal proceedings?

Answer 14

A right for arrested individuals to remain silent during police interviews.

Question 15

What are ‘adverse inferences’ in relation to a defendant’s silence?

Answer 15

Negative conclusions drawn by the court from the defendant’s silence during police questioning.

Question 16

When can a court not draw an adverse inference from a defendant’s silence?

Answer 16

If the defendant had not been allowed to consult a solicitor.

Question 17

What type of evidence must be present before drawing an adverse inference from silence?

Answer 17

Other evidence of the defendant’s guilt.

Question 18

What must the prosecution adduce before drawing an adverse inference from a defendant’s silence?

Answer 18

Other evidence of the defendant’s guilt

This evidence must establish that the defendant has a case to answer and must call for an explanation from the defendant.

Question 19

Under what condition can a court not draw an adverse inference from a defendant’s silence?

Answer 19

If the defendant had not been allowed the opportunity to consult a solicitor

This is stipulated under s 58 of the Youth Justice and Criminal Evidence Act 1999.

Question 20

What does Section 34 CJPOA 1994 allow regarding adverse inferences?

Answer 20

It allows the court or jury to draw an adverse inference from a defendant’s silence when questioned or charged at the police station.

Question 21

What are the pre-conditions for drawing an adverse inference under s 34 CJPOA 1994?

Answer 21

The interview must be under caution, the defendant must fail to mention a fact relied on in their defence, the failure must occur before charging, the questioning must try to discover the offence, and the fact must be one the defendant could reasonably have been expected to mention.

Question 22

True or False: Adverse inferences can only be drawn if the defendant remained silent during a ‘no comment’ interview.

Answer 22

False

Inferences can be drawn even if the defendant answered questions but later raises a fact not mentioned during the interview.

Question 23

What is the purpose of a prepared written statement by a solicitor during police interviews?

Answer 23

To set out the client’s version of events clearly and logically.

Question 24

Under what circumstances may a solicitor advise a suspect to remain silent?

Answer 24

Level of disclosure, complexity of the case, and personal circumstances of the suspect.

Question 25

What does the European Court of Human Rights state about legal advice and silence during police interviews?

Answer 25

Claiming silence was due to legal advice does not automatically prevent adverse inferences.

Question 26

What is legal privilege in the context of solicitor-client conversations?

Answer 26

Conversations are protected, and police cannot ask about the advice received during interviews.

Question 27

Fill in the blank: A defendant cannot avoid an adverse inference if they claim their silence was based on _______.

Answer 27

[legal advice]

Question 28

What does Section 36 CJPOA 1994 address regarding adverse inferences?

Answer 28

It allows inferences to be drawn if a defendant fails to account for an object, substance, or mark found at the time of arrest.

Question 29

Describe the 'special caution' required under s 36 CJPOA 1994.

Answer 29

The suspect must be informed of the offence, the fact they need to explain, the belief of their involvement, potential adverse inferences, and that a record is being made.

Question 30

What does Section 37 CJPOA 1994 allow regarding a defendant's presence at a location?

Answer 30

It allows adverse inferences if the defendant fails to account for their presence at a location around the time of the alleged offence.

Question 31

True or False: Inferences under s 37 can only be drawn if a defence is raised at trial.

Answer 31

False ## Footnote Inferences can be drawn irrespective of any defence put forward.

Question 32

What is the likely inference if a defendant fails to explain their presence at a location during police questioning?

Answer 32

That the defendant has no explanation for their presence or no explanation that would withstand police questioning.

Question 33

What happens if a defendant provides a reason for their silence during trial after remaining silent during a police interview?

Answer 33

The court may still consider whether the reason was reasonable and whether it justifies the silence.

Question 34

What happens if a suspect fails to explain their presence at the police station?

Answer 34

Section 37 applies, allowing for inferences to be drawn if the suspect was given a ‘special caution’ ## Footnote A ‘special caution’ refers to the specific warning given to suspects regarding their rights during police interviews.

Question 35

What is the main purpose of s 35 of the CJPOA 1994?

Answer 35

To allow the court to draw inferences from a defendant's failure to give evidence at trial ## Footnote This section emphasizes that adverse inferences can be drawn only if the prosecution has made a case that requires an explanation from the defendant.

Question 36

True or False: A defendant is obligated to provide evidence in their defense at trial.

Answer 36

False ## Footnote A defendant is entitled to remain silent and is not required to present evidence.

Question 37

What must the court determine before drawing adverse inferences under s 35?

Answer 37

The court must ensure there is a case to answer based on the prosecution evidence ## Footnote This means that the prosecution's case must have sufficient evidence for the court to consider the defendant's silence.

Question 38

What does s 35(2) of the CJPOA 1994 state regarding a defendant's silence?

Answer 38

The court can infer from a defendant's failure to give evidence that they have no explanation or an explanation that cannot withstand cross-examination.

Question 39

What is required for an adverse inference to be drawn from a defendant's silence?

Answer 39

The only sensible explanation for the silence must be that the defendant has no answer to the prosecution's case ## Footnote This means that the court must find that the silence implies guilt, rather than just a choice to remain silent.

Question 40

Fill in the blank: A defendant will not be convicted if the only evidence against them is an adverse inference from their _______.

Answer 40

failure to give evidence ## Footnote This is outlined in s 38(3) of the CJPOA 1994.

Question 41

What does s 35(1)(b) provide regarding adverse inferences?

Answer 41

The court may choose not to draw an adverse inference if the defendant's physical or mental condition makes it undesirable for them to give evidence.

Question 42

In R v Friend, what was the Court of Appeal's stance regarding the statutory exception to drawing adverse inferences?

Answer 42

The exception was not applied even though the defendant had a low IQ, as the circumstances did not meet the necessary criteria.

Question 43

What is the definition of a 'hearsay statement' according to the CJA 2003?

Answer 43

A statement, not made in oral evidence, that is relied on as evidence of a matter in it.

Question 44

What is included in the definition of 'statement' under s 115(2) of the CJA 2003?

Answer 44

Any representation of fact or opinion made by a person, including representations made in pictorial form.

Question 45

What are the common examples of hearsay evidence in criminal proceedings?

Answer 45

* A witness repeating what they were told by another person * A statement being read out instead of a witness attending * A police officer repeating a confession made by the defendant * A business document introduced in evidence.

Question 46

Fill in the blank: Hearsay evidence may be classified as _______ hearsay or _______ hearsay.

Answer 46

first-hand; multiple ## Footnote First-hand hearsay refers to statements made directly by the original source, while multiple hearsay involves statements made through intermediaries.

Question 47

What are the four categories under which hearsay evidence is admissible according to s 114 of the CJA 2003?

Answer 47

* Admissible under a statutory provision * Admissible under a common law rule preserved by section 118 * All parties agree to its admissibility * It is in the interests of justice for it to be admissible.

Question 48

What does s 116 of the CJA 2003 address regarding hearsay evidence?

Answer 48

It allows hearsay statements to be admissible if the person who made the statement is unavailable to give oral evidence.

Question 49

What are the five conditions under which a witness may be considered unavailable according to s 116(2)?

Answer 49

* The relevant person is dead * The relevant person is unfit due to bodily or mental condition * The relevant person is outside the UK and cannot attend * The relevant person cannot be found despite reasonable efforts * The relevant person does not give evidence due to fear.

Question 50

What is the significance of s 117 of the CJA 2003 in relation to business documents?

Answer 50

It makes statements in business documents admissible as evidence if certain conditions are met.

Question 51

What does s 118(1) of the CJA 2003 preserve?

Answer 51

Several common law exceptions to the hearsay rule, including confession evidence and evidence as part of the res gestae.

Question 52

What is the res gestae principle?

Answer 52

It allows statements made contemporaneously with an event to be admissible as evidence due to their spontaneity.

Question 53

In R v Andrews, why was hearsay evidence admitted?

Answer 53

The statement made by the fatally stabbed man was contemporaneous with the attack, satisfying the res gestae principle.

Question 54

What is the principle under which spontaneous statements made by a victim can be admitted as evidence?

Answer 54

Res gestae principle ## Footnote This principle allows statements made spontaneously during a dramatic event to be admitted as evidence.

Question 55

What criteria did Lord Ackner establish for admitting hearsay evidence in R v Andrews?

Answer 55

The Ackner criteria include: * Can the possibility of concoction or distortion be disregarded? * Was the statement made in circumstances that dominated the victim's thoughts? * Was the statement closely associated with the event? * What are the special features that may relate to distortion? * Is the error in the statement due to ordinary human fallibility?

Question 56

Under what section is hearsay evidence admissible by agreement between parties?

Answer 56

s 114(1)(c) ## Footnote This section allows any form of hearsay evidence to be admissible if all parties agree.

Question 57

What does s 114(1)(d) allow regarding hearsay evidence?

Answer 57

It allows the court to admit hearsay evidence in the interests of justice, even if it would not otherwise be admissible.

Question 58

What factors must the court consider under s 114(2) when deciding on the admissibility of hearsay evidence?

Answer 58

Factors include: * Probative value of the statement * Other available evidence * Importance of the matter in the case * Circumstances of the statement * Reliability of the maker * Reliability of the evidence of making * Availability of oral evidence * Difficulty in challenging the statement

Question 59

True or False: In R v Taylor, the court held that all factors listed in s 114(2) must be conclusively addressed by the trial judge.

Answer 59

False ## Footnote The judge does not need to reach a specific conclusion on all factors.

Question 60

What was the main issue in Maher v DPP regarding hearsay evidence?

Answer 60

Whether the police log entry could be admitted as hearsay evidence.

Question 61

What was the conclusion of the Divisional Court in Maher v DPP regarding the police log entry?

Answer 61

The entry was admissible under s 114(1)(d) as it was in the interests of justice.

Question 62

What was the outcome in R v Z regarding the witness's refusal to testify?

Answer 62

The court held that her refusal did not justify the admission of hearsay evidence under s 114(1)(d).

Question 63

What procedural rules apply when a party seeks to rely on hearsay evidence at trial?

Answer 63

The rules in Part 20 of the CrimPR apply under specific conditions, including when it is in the interests of justice.

Question 64

Fill in the blank: Hearsay evidence is admissible when the witness is _______.

Answer 64

unavailable to attend court

Question 65

What does s 116 relate to in terms of hearsay evidence?

Answer 65

It pertains to the unavailability of witnesses to testify.

Question 66

What must a party do to introduce hearsay evidence under Part 20?

Answer 66

Give notice of intention to the court and other parties using prescribed forms.

Question 67

True or False: The procedural rules in Part 20 apply to all hearsay evidence.

Answer 67

False ## Footnote They do not apply to hearsay evidence admissible under common law exceptions.

Question 68

What can the court do under r 20.5 of the CrimPR regarding notice for hearsay evidence?

Answer 68

Dispense with the requirement, allow oral notice, and adjust time limits.

Question 69

When does the court typically determine the admissibility of hearsay evidence?

Answer 69

At a pre-trial hearing.

Question 70

What is the significance of the case management hearing in the magistrates' court?

Answer 70

It is likely where the admissibility of hearsay evidence is resolved.