Id of Evidence - Evidence

Question 1

What is the burden of proof in a criminal case?

Answer 1

The burden of proving the elements of the offence is always on the prosecution

The standard is ‘beyond reasonable doubt’, meaning the jury must be sure of guilt.

Question 2

What does the term ‘legal burden’ refer to?

Answer 2

The requirement to prove an element of your case to a prescribed standard

The standard varies between prosecution and defence.

Question 3

What is the standard of proof for the prosecution in a criminal case?

Answer 3

‘So that you are sure of guilt’, equivalent to ‘beyond reasonable doubt’

This is the highest standard of proof in the legal system.

Question 4

In what situation does the defendant have a burden to prove something?

Answer 4

In cases involving defences such as insanity

The defendant must assert a lack of mens rea due to insanity.

Question 5

What is the evidential burden?

Answer 5

The burden to raise some evidence to satisfy the judge that the matter should be argued before the jury

It is distinct from the legal burden.

Question 6

True or False: The defence always has a burden to prove their case.

Answer 6

False

The defence can contest the prosecution’s case without incurring a burden.

Question 7

What happens when the evidential burden is not discharged?

Answer 7

The judge can intervene, and the case may be dismissed

This is rare but occurs when the prosecution fails to provide sufficient evidence.

Question 8

What is the standard for the defence to prove insanity?

Answer 8

The balance of probabilities

This is a lower standard than ‘beyond reasonable doubt’.

Question 9

What is required for a defence of self-defence to be considered?

Answer 9

The defence must raise some evidence to ‘pass the judge’

This allows the prosecution to then disprove self-defence.

Question 10

What must the prosecution prove in a case of burglary?

Answer 10

• The defendant
• On 25 Jan
• Entered as a trespasser
• Did unlawful damage

Each element must be proven beyond reasonable doubt.

Question 11

What does the Turnbull Guidelines address?

Answer 11

The reliability of identification evidence before a jury

It was established in the case of R v Turnbull [1977] QB 224.

Question 12

What is the evidential burden in relation to a defence of duress?

Answer 12

The prosecution must disprove the defence beyond a reasonable doubt if sufficient evidence is raised

The defence of duress does not require the defendant to prove anything.

Question 13

What is the relationship between legal burden and evidential burden?

Answer 13

If you have a legal burden to prove a fact, you also have the evidential burden to pass the judge with the same evidence

This is generally true, except in rare cases.

Question 14

What is the focus of the element discussed in R v Turnbull?

Answer 14

The investigation stage and guidelines for identification evidence.

Question 15

What did the Court of Appeal issue in R v Turnbull regarding identification evidence?

Answer 15

Guidelines for judges on cases dependent on disputed identification evidence.

Question 16

When should a Turnbull direction be given?

Answer 16

When the case against the accused depends ‘wholly or substantially’ on the correctness of visual identification.

Question 17

What is a Turnbull direction?

Answer 17

A warning to the jury about the need for caution in relying on identification evidence.

Question 18

What are the three key elements of the special Turnbull warning for the jury?

Answer 18

• Reason for caution
• Examine circumstances of identification
• Specific weaknesses in identification evidence

Question 19

What type of evidence can support identification?

Answer 19

• Scientific evidence
• Multiple identifications by witnesses
• Accused’s bad character or previous convictions
• Accused’s silence
• Accused’s admissions

Question 20

What must judges assess at the close of the prosecution case regarding identification evidence?

Answer 20

• Quality of the identification evidence
• Other evidence supporting the identification

Question 21

What factors should be considered in assessing the quality of visual identification evidence?

Answer 21

• Time of observation
• Distance
• Lighting
• Interference
• Previous acquaintance with the accused
• Time lapse between observation and identification
• Discrepancies in description

Question 22

What does the mnemonic ADVOKATE stand for in assessing identification evidence?

Answer 22

• A - Amount of time under observation
• D - Distance
• V - Visibility
• K - Known or seen before
• A - Any reason to remember
• T - Time lapse
• E - Error or material discrepancy

Question 23

What is required when the quality of identification is poor?

Answer 23

Judges should consider if there is supporting evidence; if not, withdraw the case.

Question 24

What is a dock identification?

Answer 24

Identification of the defendant by a witness for the first time in court.

Question 25

Why is dock identification considered undesirable?

Answer 25

It is prejudicial as it suggests the defendant is the person responsible for the crime.

Question 26

What are the two pre-conditions for identification to be a live issue?

Answer 26

* D disputes the identification evidence * Identification evidence is wholly or substantially the only evidence against D

Question 27

What happens if a judge withdraws a case from the jury due to weak identification evidence?

Answer 27

The jury is directed to acquit the defendant.

Question 28

What is required for applications to exclude confessions in a criminal trial?

Answer 28

* Advance notification * Timing * Voir dire * Submissions

Question 29

What does advance notification entail under the Criminal Procedure and Investigations Act 1996?

Answer 29

It requires a defence statement to include points of law regarding admissibility of evidence.

Question 30

When can an application to exclude a confession be made in the Crown Court?

Answer 30

At a pre-trial hearing or just prior to opening the case to the jury.

Question 31

What is a voir dire?

Answer 31

A hearing to resolve disputed facts regarding the admissibility of a confession.

Question 32

What must the prosecution prove beyond reasonable doubt in a voir dire?

Answer 32

That the confession was not obtained by oppression or anything rendering it unreliable.

Question 33

What should magistrates do when considering an application under s.76?

Answer 33

Hear evidence to resolve disputes and decide the application as a preliminary issue.

Question 34

What occurs if a judge fails to resolve disputed facts before ruling on a confession's admissibility?

Answer 34

Any resulting conviction is likely to be quashed.

Question 35

What happens if a judge rules a confession admissible?

Answer 35

The prosecution can adduce the confession, but the defendant can still raise issues before the jury.

Question 36

What is a voir dire?

Answer 36

A hearing to determine the admissibility of evidence, particularly confessions.

Question 37

What happens if a judge concludes that a confession is admissible?

Answer 37

The prosecution is entitled to adduce the confession.

Question 38

What can the defence do if the confession is deemed admissible?

Answer 38

The defence can still raise issues of oppression, unreliability, or unfairness before the jury.

Question 39

What does s.76(2)(a) and (b) refer to?

Answer 39

Provisions concerning the admissibility of confessions based on threats or oppression.

Question 40

What is the role of the jury regarding confessions?

Answer 40

The jury decides whether they can rely on the confession.

Question 41

What is required for advance notification in a magistrates’ court?

Answer 41

Any defence skeleton argument must be submitted at least 10 business days before trial.

Question 42

What is the timing requirement for applications under s.76 in magistrates' court?

Answer 42

It should be dealt with as a preliminary issue.

Question 43

What happens if the application in magistrates' court is only under s.78?

Answer 43

Magistrates have discretion to hear all evidence in the usual way and decide on admissibility later.

Question 44

What does the judge typically order at the PTPH in the Crown Court?

Answer 44

The judge likely orders the timing for serving skeleton arguments and responses for s.76/78 arguments.

Question 45

When can an application to exclude a confession be made in the Crown Court?

Answer 45

At a pre-trial hearing specifically for this purpose or just prior to opening the case.

Question 46

What is required if the application is made under s.76 in the Crown Court?

Answer 46

A voir dire is required if the evidence is disputed.

Question 47

Fill in the blank: If the ruling excludes the confession, the prosecution _______.

Answer 47

cannot refer to it during the trial.

Question 48

What must the prosecution do if the confession is ruled admissible?

Answer 48

Adduce the confession during the trial.

Question 49

True or False: A defendant can raise allegations of threats during the trial itself.

Answer 49

True.

Question 50

What must the prosecution provide in response to the defence skeleton argument in magistrates’ court?

Answer 50

A response 5 business days after the defence submission.

Question 51

What happens during a voir dire in magistrates’ court if evidence is disputed?

Answer 51

Magistrates hear evidence on the matter and decide as a preliminary issue.