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Unit 3, AC 2.3
Disclosure of Evidence in Criminal Proceedings
The disclosure of evidence is a crucial aspect of ensuring fair trials in the UK criminal justice system.
Prosecution's Duty of Disclosure
The prosecution must disclose all evidence they intend to use against the defendant and provide access to any unused material relevant to the case.
Definition: Unused material refers to any information that may undermine the prosecution's case or assist the defense, even if not presented in court.
Importance of Proper Disclosure
Failure to disclose evidence can have serious consequences:
- Cases may be dropped
- Trials may be halted
- Miscarriages of justice can occur
Example: The Liam Allan case in 2017 demonstrates the impact of non-disclosure. His rape trial was halted when undisclosed evidence showed the alleged victim pursuing him for casual sex.
Challenges with Digital Evidence
The increasing importance of digital evidence presents new challenges for disclosure:
- Volume of data can be overwhelming
- Relevant information may be missed
- Risk of overlooking exculpatory evidence
Highlight: Police may not read every text message on a phone, potentially missing evidence that could clear a suspect.
The proper handling and disclosure of evidence is essential to prevent perverting the course of justice and ensure fair trials in the UK criminal justice system.
Understanding Evidence Rules in UK Criminal Cases
The admissibility of evidence in criminal proceedings UK is governed by strict rules to ensure fair trials. Key points include:
Relevance and Admissibility
Evidence must be both relevant and admissible to be used in court. This is based on Section 28 of the Police and Criminal Evidence Act 1984.
Definition: Relevant facts are those needed to prove or disprove the facts in issue, which are the principal matters in dispute in a case.
The reliability of evidence is crucial, encompassing:
- Credibility of witnesses
- Authenticity of documents
- Accuracy of information
Example: Sir Roy Meadow's evidence on cot deaths was later found to be inaccurate and unreliable, highlighting the importance of accuracy in expert testimony.
Admissibility Criteria
Not all evidence is allowed in court. Judges may exclude:
- Illegally or improperly obtained evidence
- Evidence that risks an unfair trial
Highlight: The court balances the probative value of evidence against its potential prejudicial effect when deciding admissibility.
Right to Silence
While suspects have the right to remain silent, the Criminal Justice and Public Order Act 1994 allows juries to draw inferences from silence in certain circumstances.
Quote: "The Criminal Justice and Public Order Act 1994 means the jury can make inferences about the defendant's guilt if they're silent."
Bad Character Evidence
The Criminal Justice Act 2003 defines bad character as "evidence of or disposition towards misconduct." This can include previous convictions or cautions.
Vocabulary: Character evidence refers to information about a person's past behavior or reputation used to assess their credibility or likelihood of committing a crime.
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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
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Best app on earth! no words because it’s too good
Thomas R
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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
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 THE SCHOOLGPT. 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 THE SCHOOLGPT. 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
What Are the Rules of Evidence in UK Criminal Cases?
The rules of evidence in UKcriminal proceedings govern the admissibility and use of evidence in court. This summary explores key aspects of evidence law, including relevance, reliability, and admissibility, as well as specific rules on character evidence, disclosure, and... Show more
Disclosure of Evidence in Criminal Proceedings
The disclosure of evidence is a crucial aspect of ensuring fair trials in the UK criminal justice system.
Prosecution's Duty of Disclosure
The prosecution must disclose all evidence they intend to use against the defendant and provide access to any unused material relevant to the case.
Definition: Unused material refers to any information that may undermine the prosecution's case or assist the defense, even if not presented in court.
Importance of Proper Disclosure
Failure to disclose evidence can have serious consequences:
- Cases may be dropped
- Trials may be halted
- Miscarriages of justice can occur
Example: The Liam Allan case in 2017 demonstrates the impact of non-disclosure. His rape trial was halted when undisclosed evidence showed the alleged victim pursuing him for casual sex.
Challenges with Digital Evidence
The increasing importance of digital evidence presents new challenges for disclosure:
- Volume of data can be overwhelming
- Relevant information may be missed
- Risk of overlooking exculpatory evidence
Highlight: Police may not read every text message on a phone, potentially missing evidence that could clear a suspect.
The proper handling and disclosure of evidence is essential to prevent perverting the course of justice and ensure fair trials in the UK criminal justice system.
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
Understanding Evidence Rules in UK Criminal Cases
The admissibility of evidence in criminal proceedings UK is governed by strict rules to ensure fair trials. Key points include:
Relevance and Admissibility
Evidence must be both relevant and admissible to be used in court. This is based on Section 28 of the Police and Criminal Evidence Act 1984.
Definition: Relevant facts are those needed to prove or disprove the facts in issue, which are the principal matters in dispute in a case.
The reliability of evidence is crucial, encompassing:
- Credibility of witnesses
- Authenticity of documents
- Accuracy of information
Example: Sir Roy Meadow's evidence on cot deaths was later found to be inaccurate and unreliable, highlighting the importance of accuracy in expert testimony.
Admissibility Criteria
Not all evidence is allowed in court. Judges may exclude:
- Illegally or improperly obtained evidence
- Evidence that risks an unfair trial
Highlight: The court balances the probative value of evidence against its potential prejudicial effect when deciding admissibility.
Right to Silence
While suspects have the right to remain silent, the Criminal Justice and Public Order Act 1994 allows juries to draw inferences from silence in certain circumstances.
Quote: "The Criminal Justice and Public Order Act 1994 means the jury can make inferences about the defendant's guilt if they're silent."
Bad Character Evidence
The Criminal Justice Act 2003 defines bad character as "evidence of or disposition towards misconduct." This can include previous convictions or cautions.
Vocabulary: Character evidence refers to information about a person's past behavior or reputation used to assess their credibility or likelihood of committing a crime.
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.
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 THE SCHOOLGPT. 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 THE SCHOOLGPT. 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