When it comes to criminal cases, there are strict rules...
Criminology1,404 views·Updated 13 Aug 2026·4 pagesUnderstanding Unit 3 AC2.3 in Criminology
Princess Jayeola@princessjayeola_iwzq
1 / 4
1
of 4
Relevance and Admissibility of Evidence
Ever wondered what happens when police break the rules to get evidence? Improperly obtained evidence occurs when prosecution uses dishonest or illegal methods, like searching without a warrant or using torture for confessions.
Judges have the power to exclude dodgy evidence under common law and the Police and Criminal Evidence Act 1984 (PACE). They'll weigh up whether the evidence helps discover the truth against whether it makes the trial unfair.
Entrapment is another form of improper evidence gathering - think honey traps or police deception to make someone commit a crime. The Colin Stagg case is a famous example where this backfired spectacularly.
Key Point: If evidence's probative value (how useful it is) outweighs its prejudicial effect (how unfair it is), judges will usually allow it.
2
of 4
Pre-trial Silence and Character Evidence
Here's something that might surprise you: staying silent when arrested can actually be used against you in court! Under the Criminal Justice and Public Order Act 1994, juries can draw inferences of guilt from your silence during police questioning or in court.
But don't panic - there's a crucial protection. Juries can't convict someone based solely on their silence; there must be other evidence too. You're still presumed innocent until proven guilty beyond reasonable doubt.
Bad character evidence includes previous convictions, cautions, racism, bullying, or poor work records. The Criminal Justice Act 2003 sets out specific "gateways" for when this can be used, particularly under section 103 if it shows you have a tendency to commit similar crimes.
Remember: If bad character evidence contaminates a case, judges can direct a jury to acquit or order a retrial.
3
of 4
Disclosure of Evidence
Disclosure is absolutely crucial for fair trials - it's like showing your cards in a game where justice is at stake. The prosecution must share all documents they'll use and any unused material that might help the defence or undermine their own case.
This includes anything that questions witness credibility or confession reliability. The Liam Allen case in 2017 perfectly illustrates what goes wrong - his rape trial collapsed when police failed to disclose evidence showing the alleged victim had repeatedly texted him for casual sex.
Sometimes police deliberately hide evidence when they're convinced someone's guilty. This is perverting the course of justice - ironically, a crime itself! However, prosecution can seek public interest immunity certificates to protect sensitive information like national security or undercover officers' identities.
Important: Both sides have disclosure duties - defence must reveal their intended defence strategy and legal arguments.
4
of 4
Hearsay Rules and Exceptions
Imagine trying to convict someone based on "I heard from my mate who heard from his cousin..." - that's essentially what hearsay evidence is. It's when a witness repeats something they heard from someone else who isn't in court.
Section 114 of the Criminal Justice Act 2003 defines hearsay as statements not made in oral evidence that are used to prove facts. Generally, it's not allowed because the original speaker should testify themselves - otherwise, how can you cross-examine them?
But there are exceptions to this rule. Hearsay becomes admissible when all parties agree, when judges decide it's in the interests of justice, or when the original speaker is absent, abroad, dead, unfit to testify due to fear or mental/physical condition, or has disappeared.
Think of it this way: The law wants to hear from the horse's mouth, not someone who heard it from the horse!
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Criminology1,404 views·Updated 13 Aug 2026·4 pagesUnderstanding Unit 3 AC2.3 in Criminology
Princess Jayeola@princessjayeola_iwzq
When it comes to criminal cases, there are strict rules about what evidence can and can't be used in court. These rules exist to ensure fair trials and protect defendants' rights, but they can be quite complex to navigate.
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Relevance and Admissibility of Evidence
Ever wondered what happens when police break the rules to get evidence? Improperly obtained evidence occurs when prosecution uses dishonest or illegal methods, like searching without a warrant or using torture for confessions.
Judges have the power to exclude dodgy evidence under common law and the Police and Criminal Evidence Act 1984 (PACE). They'll weigh up whether the evidence helps discover the truth against whether it makes the trial unfair.
Entrapment is another form of improper evidence gathering - think honey traps or police deception to make someone commit a crime. The Colin Stagg case is a famous example where this backfired spectacularly.
Key Point: If evidence's probative value (how useful it is) outweighs its prejudicial effect (how unfair it is), judges will usually allow it.
2
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Pre-trial Silence and Character Evidence
Here's something that might surprise you: staying silent when arrested can actually be used against you in court! Under the Criminal Justice and Public Order Act 1994, juries can draw inferences of guilt from your silence during police questioning or in court.
But don't panic - there's a crucial protection. Juries can't convict someone based solely on their silence; there must be other evidence too. You're still presumed innocent until proven guilty beyond reasonable doubt.
Bad character evidence includes previous convictions, cautions, racism, bullying, or poor work records. The Criminal Justice Act 2003 sets out specific "gateways" for when this can be used, particularly under section 103 if it shows you have a tendency to commit similar crimes.
Remember: If bad character evidence contaminates a case, judges can direct a jury to acquit or order a retrial.
3
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Disclosure of Evidence
Disclosure is absolutely crucial for fair trials - it's like showing your cards in a game where justice is at stake. The prosecution must share all documents they'll use and any unused material that might help the defence or undermine their own case.
This includes anything that questions witness credibility or confession reliability. The Liam Allen case in 2017 perfectly illustrates what goes wrong - his rape trial collapsed when police failed to disclose evidence showing the alleged victim had repeatedly texted him for casual sex.
Sometimes police deliberately hide evidence when they're convinced someone's guilty. This is perverting the course of justice - ironically, a crime itself! However, prosecution can seek public interest immunity certificates to protect sensitive information like national security or undercover officers' identities.
Important: Both sides have disclosure duties - defence must reveal their intended defence strategy and legal arguments.
4
of 4Sign up to see the content. It'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 Rules and Exceptions
Imagine trying to convict someone based on "I heard from my mate who heard from his cousin..." - that's essentially what hearsay evidence is. It's when a witness repeats something they heard from someone else who isn't in court.
Section 114 of the Criminal Justice Act 2003 defines hearsay as statements not made in oral evidence that are used to prove facts. Generally, it's not allowed because the original speaker should testify themselves - otherwise, how can you cross-examine them?
But there are exceptions to this rule. Hearsay becomes admissible when all parties agree, when judges decide it's in the interests of justice, or when the original speaker is absent, abroad, dead, unfit to testify due to fear or mental/physical condition, or has disappeared.
Think of it this way: The law wants to hear from the horse's mouth, not someone who heard it from the horse!
We thought you’d never ask...
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.
You can download the app from Google Play Store and Apple App Store.
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