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11 Jan 2026
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Understanding Rules for Using Evidence in Criminal Cases
learningaboutpeople
@learningaboutpeople2
1 / 5
Relevance and Admissibility of Evidence
Evidence in criminal trials must tick three important boxes: it needs to be reliable, relevant, and admissible. Think of it like a quality control system for the justice system.
Reliable evidence means you can trust it's accurate and truthful. The Police and Criminal Evidence Act (PACE) 1984 and Criminal Justice Act (CJA) 2003 set strict standards here. Courts check if evidence is credible (believable), authentic (genuine), and accurate (correct in every detail).
Relevant evidence falls into two categories that law recognises. Facts of issue cover what actually happened - like whether someone committed the crime. Relevant facts help prove or disprove these main facts - such as fingerprints found at the crime scene.
Key Point: Evidence can be completely true but still get thrown out if it was obtained illegally or unfairly.
Improperly Obtained Evidence
Sometimes police gather evidence through dodgy methods, and this can seriously backfire in court. Improperly obtained evidence includes anything collected illegally (like searches without warrants or using torture) or through unfair tactics like entrapment.
Here's the tricky bit - there's no automatic rule that bans this evidence. Section 78 of PACE gives judges the power to exclude evidence if using it would make the trial unfair.
The Colin Stagg case perfectly illustrates this principle. After Rachel Nickell's murder, police used an undercover officer to try getting Stagg to confess through entrapment. When the case reached trial, the judge ruled this evidence couldn't be used because it would compromise the fairness of proceedings.
Remember: Even if evidence points to guilt, courts will chuck it out if it was obtained through methods that undermine justice.
Pre-trial Silence and Bad Character Evidence
You've got the right to remain silent when arrested - and for good reason. People might stay quiet to avoid self-incrimination, protect others, or because they're genuinely scared (think gang members fearing retaliation).
However, Section 34 of the Criminal Justice and Public Order Act (1994) allows juries to draw negative conclusions from silence, especially if your defence suddenly relies on facts you never mentioned during questioning. Courts worry you might have cooked up a story between arrest and trial.
Bad character evidence under Section 98 of the CJA covers your history of misconduct and past convictions. But it's not automatically admissible - it must be relevant to the current case.
The Hanson case (2005) shows this perfectly. His previous theft and burglary convictions were allowed as evidence for a current theft charge, but his car-taking conviction wasn't relevant enough to include.
Top Tip: Past convictions only matter in court if they're directly relevant to the type of crime you're currently facing.
Disclosure of Evidence
The Criminal Procedure and Investigation Act 1996 requires prosecution to hand over all documents they plan to use - even stuff that might help your defence. This ensures fair trials by preventing nasty surprises.
When disclosure fails, justice suffers badly. In 2016-17, a staggering 916 criminal cases collapsed due to police or prosecution failing to disclose evidence - that's a 70% increase from previous years.
Liam Allan's case demonstrates the devastating consequences of poor disclosure. Accused of rape and facing 12 years imprisonment, his trial collapsed when police finally revealed 40,000 text messages showing the alleged victim had been harassing him for casual sex. The defence had repeatedly requested this evidence but were told nothing existed.
Meanwhile, defence teams must provide statements outlining their case strategy and key facts, though they don't need to disclose evidence they won't actually use.
Shocking Fact: Poor evidence disclosure caused nearly 1,000 criminal cases to collapse in just one year, highlighting how crucial proper procedures are.
Hearsay Rule and Exceptions
Hearsay evidence occurs when witnesses repeat what someone else told them about a case. Generally, courts ban this because it's like playing Chinese whispers - stories get distorted, memories fade, and you can't cross-examine the original source.
But Section 118 of the CJA creates important exceptions. Courts allow hearsay when all parties agree to its use, when the original witness is unavailable (dead, abroad, missing, or unable to testify), or when admitting it serves the interests of justice.
Steven Saunders' case (2018) illustrates this perfectly. Sentenced to 18 months for controlling behaviour, the court allowed hearsay evidence from medical staff showing his controlling nature towards his partner, even though she didn't testify herself due to fear.
The rule also relaxes for basic factual information like proving someone's age, birth date, or document authenticity.
Key Insight: Hearsay might seem unreliable, but courts recognise that sometimes it's the only way to ensure justice, especially when victims are too scared to speak.
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Just amazing. Let's me revise 10x better, this app is a quick 10/10. I highly recommend it to anyone. I can watch and search for notes. I can save them in the subject folder. I can revise it any time when I come back. If you haven't tried this app, you're really missing out.
Basil
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This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.
David K
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The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!
Sudenaz Ocak
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In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.
Greenlight Bonnie
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very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.
Rohan U
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I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didn’t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as I’m sure you too will see developments.
Xander S
iOS user
THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE Knowunity AI. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH 😍😁😲🤑💗✨🎀😮
Elisha
iOS user
This apps acc the goat. I find revision so boring but this app makes it so easy to organize it all and then you can ask the freeeee ai to test yourself so good and you can easily upload your own stuff. highly recommend as someone taking mocks now
Paul T
iOS user
The app is very easy to use and well designed. I have found everything I was looking for so far and have been able to learn a lot from the presentations! I will definitely use the app for a class assignment! And of course it also helps a lot as an inspiration.
Stefan S
iOS user
This app is really great. There are so many study notes and help [...]. My problem subject is French, for example, and the app has so many options for help. Thanks to this app, I have improved my French. I would recommend it to anyone.
Samantha Klich
Android user
Wow, I am really amazed. I just tried the app because I've seen it advertised many times and was absolutely stunned. This app is THE HELP you want for school and above all, it offers so many things, such as workouts and fact sheets, which have been VERY helpful to me personally.
Anna
iOS user
Best app on earth! no words because it’s too good
Thomas R
iOS user
Just amazing. Let's me revise 10x better, this app is a quick 10/10. I highly recommend it to anyone. I can watch and search for notes. I can save them in the subject folder. I can revise it any time when I come back. If you haven't tried this app, you're really missing out.
Basil
Android user
This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.
David K
iOS user
The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!
Sudenaz Ocak
Android user
In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.
Greenlight Bonnie
Android user
very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.
Rohan U
Android user
I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didn’t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as I’m sure you too will see developments.
Xander S
iOS user
THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE Knowunity AI. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH 😍😁😲🤑💗✨🎀😮
Elisha
iOS user
This apps acc the goat. I find revision so boring but this app makes it so easy to organize it all and then you can ask the freeeee ai to test yourself so good and you can easily upload your own stuff. highly recommend as someone taking mocks now
Paul T
iOS user
Understanding Rules for Using Evidence in Criminal Cases
learningaboutpeople
@learningaboutpeople2
Understanding the rules of evidence in criminal cases is crucial for anyone studying law or criminology. These rules determine what can and can't be used in court, ensuring trials remain fair whilst helping juries reach the right verdict.
Relevance and Admissibility of Evidence
Evidence in criminal trials must tick three important boxes: it needs to be reliable, relevant, and admissible. Think of it like a quality control system for the justice system.
Reliable evidence means you can trust it's accurate and truthful. The Police and Criminal Evidence Act (PACE) 1984 and Criminal Justice Act (CJA) 2003 set strict standards here. Courts check if evidence is credible (believable), authentic (genuine), and accurate (correct in every detail).
Relevant evidence falls into two categories that law recognises. Facts of issue cover what actually happened - like whether someone committed the crime. Relevant facts help prove or disprove these main facts - such as fingerprints found at the crime scene.
Key Point: Evidence can be completely true but still get thrown out if it was obtained illegally or unfairly.
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Improperly Obtained Evidence
Sometimes police gather evidence through dodgy methods, and this can seriously backfire in court. Improperly obtained evidence includes anything collected illegally (like searches without warrants or using torture) or through unfair tactics like entrapment.
Here's the tricky bit - there's no automatic rule that bans this evidence. Section 78 of PACE gives judges the power to exclude evidence if using it would make the trial unfair.
The Colin Stagg case perfectly illustrates this principle. After Rachel Nickell's murder, police used an undercover officer to try getting Stagg to confess through entrapment. When the case reached trial, the judge ruled this evidence couldn't be used because it would compromise the fairness of proceedings.
Remember: Even if evidence points to guilt, courts will chuck it out if it was obtained through methods that undermine justice.
Sign up to see the contentIt's free!
Access to all documents
Improve your grades
Join milions of students
By signing up you accept Terms of Service and Privacy Policy
Pre-trial Silence and Bad Character Evidence
You've got the right to remain silent when arrested - and for good reason. People might stay quiet to avoid self-incrimination, protect others, or because they're genuinely scared (think gang members fearing retaliation).
However, Section 34 of the Criminal Justice and Public Order Act (1994) allows juries to draw negative conclusions from silence, especially if your defence suddenly relies on facts you never mentioned during questioning. Courts worry you might have cooked up a story between arrest and trial.
Bad character evidence under Section 98 of the CJA covers your history of misconduct and past convictions. But it's not automatically admissible - it must be relevant to the current case.
The Hanson case (2005) shows this perfectly. His previous theft and burglary convictions were allowed as evidence for a current theft charge, but his car-taking conviction wasn't relevant enough to include.
Top Tip: Past convictions only matter in court if they're directly relevant to the type of crime you're currently facing.
Sign up to see the contentIt's free!
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Improve your grades
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Disclosure of Evidence
The Criminal Procedure and Investigation Act 1996 requires prosecution to hand over all documents they plan to use - even stuff that might help your defence. This ensures fair trials by preventing nasty surprises.
When disclosure fails, justice suffers badly. In 2016-17, a staggering 916 criminal cases collapsed due to police or prosecution failing to disclose evidence - that's a 70% increase from previous years.
Liam Allan's case demonstrates the devastating consequences of poor disclosure. Accused of rape and facing 12 years imprisonment, his trial collapsed when police finally revealed 40,000 text messages showing the alleged victim had been harassing him for casual sex. The defence had repeatedly requested this evidence but were told nothing existed.
Meanwhile, defence teams must provide statements outlining their case strategy and key facts, though they don't need to disclose evidence they won't actually use.
Shocking Fact: Poor evidence disclosure caused nearly 1,000 criminal cases to collapse in just one year, highlighting how crucial proper procedures are.
Sign up to see the contentIt's free!
Access to all documents
Improve your grades
Join milions of students
By signing up you accept Terms of Service and Privacy Policy
Hearsay Rule and Exceptions
Hearsay evidence occurs when witnesses repeat what someone else told them about a case. Generally, courts ban this because it's like playing Chinese whispers - stories get distorted, memories fade, and you can't cross-examine the original source.
But Section 118 of the CJA creates important exceptions. Courts allow hearsay when all parties agree to its use, when the original witness is unavailable (dead, abroad, missing, or unable to testify), or when admitting it serves the interests of justice.
Steven Saunders' case (2018) illustrates this perfectly. Sentenced to 18 months for controlling behaviour, the court allowed hearsay evidence from medical staff showing his controlling nature towards his partner, even though she didn't testify herself due to fear.
The rule also relaxes for basic factual information like proving someone's age, birth date, or document authenticity.
Key Insight: Hearsay might seem unreliable, but courts recognise that sometimes it's the only way to ensure justice, especially when victims are too scared to speak.
We thought you’d never ask...
What is the Knowunity AI companion?
Our AI Companion is a student-focused AI tool that offers more than just answers. Built on millions of Knowunity resources, it provides relevant information, personalised study plans, quizzes, and content directly in the chat, adapting to your individual learning journey.
Where can I download the Knowunity app?
You can download the app from Google Play Store and Apple App Store.
Is Knowunity really free of charge?
That's right! Enjoy free access to study content, connect with fellow students, and get instant help – all at your fingertips.
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Most popular content: Criminology
Most popular content in Criminology
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Can't find what you're looking for? Explore other subjects.
Students love us — and so will you.
4.9/5
App Store
4.8/5
Google Play
The app is very easy to use and well designed. I have found everything I was looking for so far and have been able to learn a lot from the presentations! I will definitely use the app for a class assignment! And of course it also helps a lot as an inspiration.
Stefan S
iOS user
This app is really great. There are so many study notes and help [...]. My problem subject is French, for example, and the app has so many options for help. Thanks to this app, I have improved my French. I would recommend it to anyone.
Samantha Klich
Android user
Wow, I am really amazed. I just tried the app because I've seen it advertised many times and was absolutely stunned. This app is THE HELP you want for school and above all, it offers so many things, such as workouts and fact sheets, which have been VERY helpful to me personally.
Anna
iOS user
Best app on earth! no words because it’s too good
Thomas R
iOS user
Just amazing. Let's me revise 10x better, this app is a quick 10/10. I highly recommend it to anyone. I can watch and search for notes. I can save them in the subject folder. I can revise it any time when I come back. If you haven't tried this app, you're really missing out.
Basil
Android user
This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.
David K
iOS user
The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!
Sudenaz Ocak
Android user
In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.
Greenlight Bonnie
Android user
very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.
Rohan U
Android user
I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didn’t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as I’m sure you too will see developments.
Xander S
iOS user
THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE Knowunity AI. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH 😍😁😲🤑💗✨🎀😮
Elisha
iOS user
This apps acc the goat. I find revision so boring but this app makes it so easy to organize it all and then you can ask the freeeee ai to test yourself so good and you can easily upload your own stuff. highly recommend as someone taking mocks now
Paul T
iOS user
The app is very easy to use and well designed. I have found everything I was looking for so far and have been able to learn a lot from the presentations! I will definitely use the app for a class assignment! And of course it also helps a lot as an inspiration.
Stefan S
iOS user
This app is really great. There are so many study notes and help [...]. My problem subject is French, for example, and the app has so many options for help. Thanks to this app, I have improved my French. I would recommend it to anyone.
Samantha Klich
Android user
Wow, I am really amazed. I just tried the app because I've seen it advertised many times and was absolutely stunned. This app is THE HELP you want for school and above all, it offers so many things, such as workouts and fact sheets, which have been VERY helpful to me personally.
Anna
iOS user
Best app on earth! no words because it’s too good
Thomas R
iOS user
Just amazing. Let's me revise 10x better, this app is a quick 10/10. I highly recommend it to anyone. I can watch and search for notes. I can save them in the subject folder. I can revise it any time when I come back. If you haven't tried this app, you're really missing out.
Basil
Android user
This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.
David K
iOS user
The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!
Sudenaz Ocak
Android user
In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.
Greenlight Bonnie
Android user
very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.
Rohan U
Android user
I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didn’t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as I’m sure you too will see developments.
Xander S
iOS user
THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE Knowunity AI. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH 😍😁😲🤑💗✨🎀😮
Elisha
iOS user
This apps acc the goat. I find revision so boring but this app makes it so easy to organize it all and then you can ask the freeeee ai to test yourself so good and you can easily upload your own stuff. highly recommend as someone taking mocks now
Paul T
iOS user