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Court Proceedings

Background

Summary Trial Procedure

Turnbull Guidelines

Voluntary Bills of Indictment

Indictments

Canon Law in Criminal System

Statement of Case

Judge Only Trials

Court Case

Bail

Courts Power

Court Powers to Seize Assets

Seizure of Criminal Assets

Proceeds of Crimes

Evidence in Court

Evidence

Expert Evidence

Hearsay Evidence in Criminal Cases

DNA Use in Criminal Cases

Computer Evidence

Evidence of Bad Character as Admissible Evidence

Identification Evidence and Procedure

Corroboration

Illegally Obtained Evidence

Proving Intention to Commit a Crime

Prosecution Duty if Disclosure

Defence

Automation as a Criminal Defence

Defence Case Statements

Defence of Duress

Insanity as a Criminal Defence

Diminished Responsibility in Criminal Law

Provocation and Criminal Law

Provocation as a Criminal Defence

Infanticide and Criminal Law

Plea Bargaining

No Case to Answer

Witnesses

Appearing as a Witness

Subpoenaing a Witness

Being a Witness in a Criminal Trial

Child Witness

Expert Witnesses

Pre-trial Witness Interviews

Witness at Criminal Trials

Witness Summons

Collateral Finality Rule

Cross Examination

Right to a Fair Trial

Remand In Custody While Awaiting Trial

Right to Remain Silent in Criminal Proceedings

British Age of Criminal Responsibility

Protection for Suspects

Young Offenders

Victims of Crime Rights

Anonymity in Rape Cases

Personal Self Defence

 

General principles relating to evidence

The first rule of evidence is that it must be relevant to be admissible. For the evidence to be relevant, those facts which are subject to being proved or disproved must amount to:

Types of evidence

There are a number of different types of evidence:

Real evidence

Real evidence usually takes the form of some kind of material object produced before the court. it is normally produced to show that it exists or so that an inference can be drawn from its physical properties or its condition, or from the fact that it was found at a particular place or in someone’s possession. An example of real evidence would be a knife alleged to have been used in the commission of a murder or faulty goods produced to show evidence of the particular fault in question.

Real evidence includes: material objects; the appearance of people/animals; demeanour of witnesses; views and documents.

Original evidence

Original evidence is defined as an out of court statement tendered for some purpose other than to establish the truth of the facts it contains. The making of the statement will wither itself be a fact in issue, or relevant to a fact in issue. 

The statement as a fact in issue:
Statements relevant to a fact in issue:
Hearsay evidence

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