Evidence

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Evidence guidance:

Admission of bad character as a relevant matter in issue Section 101(1)(d) of the Criminal Justice Act 2003 (CJA 2003) permits the admission of bad character evidence...

Practice Note

Criminal Justice Act 2003 The Criminal Justice Act 2003 (CJA 2003) permits the admission of bad character evidence if it is 'important explanatory evidence'. The...

Practice Note

The Criminal Justice Act 2003, s 101(1)(d) The Criminal Justice Act 2003, s 101(1)(d) (CJA 2003) permits the admission of bad character evidence which is 'relevant to an...

Practice Note

The Criminal Justice Act 2003, s 101(1)(d) CJA 2003, s 101(d) The Criminal Justice Act 2003, s 101(1)(d) (CJA 2003) permits the admission of bad...

Practice Note

What is bad character? The Criminal Justice Act 2003 (CJA 2003) governs the admissibility of the 'bad character' of a defendant. The starting point is to identify whether...

Practice Note

How to identify hearsay The definition of hearsay is contained in the Criminal Justice Act 2003 (CJA 2003). It comprises of four essential elements. There must be: • a...

Practice Note

Statements in business and other documents The Criminal Justice Act 2003 (CJA 2003) governs the admissibility of: • business records, and • documents prepared for pending...

Practice Note

The statutory conditions The statement of an absent witness is only admissible if the following conditions are satisfied: • the evidence would be admissible as oral...

Practice Note

Categories of admissibility The Criminal Justice Act 2003 (CJA 2003) radically reformed the common law rules relating to the admissibility of hearsay evidence. The common...

Practice Note

The statutory conditions Hearsay evidence may be admitted under one or more of the statutory gateways of admissibility contained in the Criminal Justice Act 2003 (CJA...

Practice Note

Admissibility of non-defendant's bad character Evidence of bad character is generally inadmissible against a person other the accused in criminal proceedings. However,...

Practice Note

Bad character to correct a false impression The Criminal Justice Act 2003 (CJA 2003) permits the admission of evidence of the defendant's bad character for the purposes...

Practice Note

Should a suspect ask for an identification procedure? A suspect may need legal advice on whether to request an identification procedure where the police have not offered...

Practice Note

There are two kinds of burden: • the legal burden, and • the evidential burden The legal burden A party has the legal (sometimes called ‘the persuasive’) burden where the...

Practice Note

Breach of PACE Codes of Practice The arrangement and conduct of identification procedures are governed by the Police and Criminal Evidence Act 1984 (PACE...

Practice Note

Competency—general rule The most common way for evidence to be adduced is through the testimony of a witness. A witness is said to be competent if he can, as a matter of...

Practice Note