Part 7 - Evidence

Question 1

What happens to improperly obtained evidence

Answer 1

Courts are at their own discretion to allow the evidence or not

Question 2

Lawrie v muir 1950

Answer 2

Evidence, though given in good faith was improperly obtained, therefore excluded

Question 3

What does Hm advocate v chalmers 1954 say about statements

Answer 3

A voluntary statement is freely given not in response to pressure and not elicited by cross examination

Question 4

Cadder v Hm advocate

Answer 4

Right to an interview with solicitor when detained
Right is triggered by significant curtailment of suspects freedom of action
Right can be waived voluntarily if it’s is informed and unequivocal

Question 5

Character evidence

Answer 5

Generally not admissible
Can be used to show sexual history if court allows

Question 6

Past convictions

Answer 6

Cannot be used generally
Can be used if necessary for case ie driviing while banned

Question 9

Davie v Edinburgh magistrates 1953

Answer 9

Experts role is to provide information on matters outwith normal experience

Question 10

What acts protect vulnerable witnesses

Answer 10

Criminal procedure Scotland act 1995
Vulnerable witnesses (criminal evidence) Scotland 2019