Evidence and Proof

Actus reus

Acted in a particular way or failed to act in a particular way

Best evidence rule

Aiming to achieve best evidence only - introduced in 1745 Evidence perceived through all senses explored and used

An example of proof vs evidence

BMW: material in a criminal investigation as evidence Proof: taking a statement from the owner with time and date specifics What this doesn't prove is who stole it or how it was stolen

Burden of proof

Duty to prove guilty beyond all reasonable doubt - identity of accused - nature of the act - existence of knowledge or intent

Mens rea

Guilty knowledge and state of mind

Inadmissibility

Incompetence of the witness (e.g. mental health, child etc) Previous convictions (character, disposition) Hearsay Non-expert opinion Withheld as a matter of public policy (e.g. intelligence)

What is the definition of 'material' under the Criminal Procedure and Investigation Act 1996?

Information and objects obtained in the course of a criminal investigation and which may be relevant to the investigation?

Case study of achieving best evidence

Michael Sams and Stephanie Slater: - an example of cognitive interviewing - she was unable to see, however she used all her senses to establish what happened

Hearsay

Not accepted in court, however, it may be used in statement for the benefit of intelligence

Types of evidence

Oral Real Documentary Hearsay

What is the difference between evidence and proof?

Proof involves a critical thought about the weight that the evidence will carry in court

Admissibility

R v Sang (1980) Judge - looking for a fair trial

What is PROOF?

Something that you can present to the judge/jury/court to critically believe it to be true beyond all reasonable doubt and admissible in court The establishment of fact by the use of evidence

What is EVIDENCE?

The documentary or oral statements and the material objects admissible as testimony in a court of law Information that may be presented in court so that it may decide on the probability of some facts asserted before it, that is information by which facts in issue tend to be proved or disproved

What should the investigative evaluation identify?

What is known What is not known Consistencies Conflicts

Admissibility of evidence

What weight will it carry? The fact that it's a BMW 1 series, registered owner/keeper A fingerprint or DNA is valuable, however, this still doesn't prove that it was stolen

Ask yourself...

Where was someone? What did they see? What/how did they feel? What time was it? What document, who made the document?

What sections in PACE cover disclosure of evidence/intelligence?

s.76 and s.78 PACE 1984