Understand Rules in Relation to the Use of Evidence in Criminal Cases

Understand Rules in Relation to the Use of Evidence in Criminal Cases

Admissibility of Evidence

  • Evidence must be relevant to the issues in the case.
  • There must not be any legal reason why the evidence should be excluded, such as if it was obtained unlawfully.
  • Hearsay evidence (evidence of a statement made out of court) is generally admissible only in certain circumstances.

Reliability of Evidence

  • The evidence must be credible and reliable. This means that it must be genuine and trustworthy.
  • If the reliability of the evidence is in doubt, the judge may decide to exclude it.
  • The process of proving that evidence is reliable is called authentication.

Disclosure of Evidence

  • Both the prosecution and the defence must disclose any evidence they have to each other. This is known as the duty of disclosure.
  • The defence must also disclose any defence witness statements.

Presentation of Evidence

  • Evidence can be presented in many forms, including testimony, documents, and objects.
  • Witnesses give their testimony under oath and are subject to cross-examination by the other side.
  • Documentary evidence must satisfy the requirements of the best evidence rule, which generally means that the original document must be produced.

Privileged Information

  • Generally, any communication between a lawyer and their client is privileged and cannot be introduced as evidence. This is known as attorney-client privilege.
  • Privilege may also apply to other types of communication, such as those between doctors and patients or priests and penitents.
  • However, the privilege can be waived (given up) by the person who holds it.

Hearsay Evidence

  • Hearsay evidence is a statement made out of court that is used in court to prove the truth of the matter in the statement.
  • Generally, hearsay evidence is not admissible in court. But there are many exceptions to this rule, and sometimes hearsay evidence can be admitted.
  • However the hearsay rule does not apply to admissions of the defendant, certain public records, and statements where the speaker is unavailable.