Mapa mental
Evidence
Contenido del mapa
Evidence
Inferences
- s34 - 37 of Criminal Justice and Public Order Act 1994
- s34 - silence when questioned under caution
- if fail to mention something later relied on as defence - MAY draw inferences
- if could reasonably have been expected to mention it at the time
- if fail to mention something later relied on as defence - MAY draw inferences
- s35 - Silence when questioned at trial
- failing to give evidence at trial
- The D has not given evidence, that is his right - you may draw an inference but cannot prove guilt by inference alone (R v Cowan)
- failing to answer a question
- failing to give evidence at trial
- s36 - refusal to account for objects subtances or marks (special caution required)
- PC reasonably believes commission of offence, informs the D that he so believes, and requests D to account - failure to account = inference as appears proper to jury
- s37 - refusal to account for presence at the scene (special caution required)
- s34 - silence when questioned under caution
- s5 Criminal Procedure and Investigations Act 1996 - Defence statement must be served
- Crown Court - Mandatory - 28 days
- s11 Criminal procedures and Investigation act - adverse inference
- fail to serve
- serves late
- inconsistent defences
- puts a defence at trial not stated in statement
- s11 Criminal procedures and Investigation act - adverse inference
- Mags - voluntary - 14 days
- Crown Court - Mandatory - 28 days
- Lies - generally admissible
- R v Lucas
- said deliberately
- in realisation of guilt and fear of the truth
- must be untrue
- concerned with a material issue
- Direction only needed where the lies are directly relevant to charged offence - eg alibi
- R v Lucas
- Refusal to give an intimate sample s 62(1) PACE
- inference allowed
- s34 - 37 of Criminal Justice and Public Order Act 1994
Character Evidence
- Bad Character
- Defendant s101(1) CJA 2003
- s101(1)(a) by agreement
- s101(1)(b) Defendant deliberately adduces it
- s101(1)(c) important explanatory evidence
- without it, the court or jury would find it impossible or difficult to properly understand other evidence in the case and
- its value for understanding the whole case is substantial
- exclusion
- PACE s78
- R v Sang
- s101(1)(d)important issue in dispute between the P and D (prosecution only)
- s 103(1) propensity to offend
- previous convictions
- same description or same category
- is indictment worded the same?
- Theft category and SO (persons under 16 category
- other previous convitions
- same description or same category
- ORB
- another count of indictment never been prosecuted prosecuted but acquitted not amountign to teh commission of an offence
- R v Hanson
- does the history establish propensity?
- does the propensity make it more likely that the D committed the offence charged?
- Is it unjust and would the proceedings be unfair if the evidence was admitted?
- length of time or any other reason
- HANSON DIRECTION
- previous convictions
- propensity to be untruthful
- only really where telling lies is a feature of the crime - R v Campbell
- relevance?
- identity
- Ar or MR
- Defences
- Exclusion
- s101(3) CJA - must not be admitted if would have such an adverse effect on the proceedings that the court ought not to admit it
- s103(3)
- R v Sang
- s 103(1) propensity to offend
- s101(1)(e) - substantial probative value in relation to an important matter in issue between d and co-D
- no power to exclude
- s101(1)(f) to correct a false impression given by the defendant
- PACE s78 1984 and SANG
- s101(1)(g) the D has attacked another person's character
- s101(3) SANG and s78 PACE
- Witness
- s100 CJA 2003
- only admissible if a) - important explanatory evidence
- b) substantial probative value in relation to a matter which is a metter in issue in the proceedings and of subtantial importance in the context as a whole or c) all parties agree
- s100 CJA 2003
- evidence of, or of a disposition towards misconduct on his part
- oether than that to do with the facts of the case or in connection with the investigation thereof
- s98(a) and (b) CJA make this admissible
- offence or other reprehensible behaviour s112 CJA 2003
- oether than that to do with the facts of the case or in connection with the investigation thereof
- Defendant s101(1) CJA 2003
- Good Character
- Vye direction
- relevance to innocence - is it likely that the D did not commit the offence?
- relevance to credibility - is the D's story likely to be believed?
- Bad Character
Hearsay
- S115 a statement made out of court for the purpose of proving the matter stated
- S114 -4 grounds of admissibility
- Statutory provision
- S116 maker unavailable
- Must be admissible if the witness attended
- The witness is IDed
- Cannot attend for 1 of 5 reasons
- Dead
- Unfit mental or physically
- Outside the UK
- Cannot be found
- Fear
- S117 business or personal document
- Created in course of trade
- Suppliers must have had personal knowledge
- Each person receiving info must have done so in course of business
- S118
- Public info
- Reputation
- Res gestae
- So emotionally overwhelmed by event that concoction can be disregarded
- S116 maker unavailable
- Preserved common law exception
- All parties agree
- In the interests of justice
- How much probation value Or how valuable is it to understanding other evidence in the case?
- What other evidence can be given On the matter to the left
- How important is it to the case as a whole
- Circumstances made in, reliability of maker etc
- Statutory provision
Información
- Descripción
- Mapa Mental sobre Evidence, creado por ghj987 el 07/05/2015.
- Creado por
- ghj987
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- Creado por hargreas · 7 may 2015
- Copiado por ghj987 · 7 may 2015
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