Disclosure and Hearsay Evidence
Think it's unfair to be surprised by evidence in court? That's where disclosure of evidence comes in - both sides must share their evidence so everyone can prepare properly.
The prosecution has to show the defence what evidence they plan to use AND what they won't be using. This sounds straightforward, but technology makes it tricky - imagine sorting through thousands of text messages! Sometimes police deliberately hide evidence they think might help the defendant, which is completely wrong.
The Liam Allen case perfectly shows this problem. He was wrongly accused of rape because police only disclosed text messages that seemed to support their case, hiding ones that proved his innocence. When the full evidence came out, the case collapsed.
Hearsay evidence is when someone repeats what they heard someone else say outside court. This is usually banned because the original person isn't under oath and might be lying. However, judges can allow it if the original person has died, is seriously ill, or lives abroad, and it serves justice.
Remember: The Steven Saunders case was groundbreaking - the first time hearsay evidence from a midwife was used to convict someone of controlling behaviour when the victim was too scared to testify.