Please enable JavaScript.

Coggle requires JavaScript to display documents.

Criminal Practice revision - 7.1 - Admitting Visual ID evidence and…

- - - - D – Distance between the witness and suspect
      - V – Visibility at the time of observation
      - O – Obstructions – were there any obstructions between the witness and suspect
      - K – Known or unknown to the witness – ie did the witness know them beforehand
      - A – any reason to remember the suspect?
      - T – Time between the incident and the ID procedure
      - E – errors in the witness’s first descption o the defendant’s appearance
      - A – Amount of time witness observed suspect
  - - - That a mistaken witness can nonetheless be convincing and that special caution should be taken when using ID as a basis to convict
      - Ask the Jury to consider the circumstances in which the witness identified the defendant; AND
      - Refer to particular weaknesses set with the ID evidence, considering the factors from ADVOKATE
- - - - Failure to give evidence at trial, unless the defendant’s physical/mental condition makes it undesirable for them to give evidence
    - - Failure to account for object, substance, or mark on defendant’s clothing/person/footwear in their possession at time of arrest
    - - Failure to account for presence at scene of suspected offence
- - - - Hearsay Admissible by Statute
        
        1. Witness unavailability
        
        Death
        
        Outside UK and impractical to bring
        
        Fear (Court discretion)
        
        Illness or mental condition
        
        Business documents
        
        If during normal course of business; AND
        
        Original speaker unavailable/unreasonable to attend
        
        Prepared Statements for Criminal Proceedings and relevant person forgets
        
        Expert evidence
        
        Confession
        
        Previous or inconsistent witness statements
    - - Hearsay Admissible by Rule of Law
        
        Confessions or Mixed Statements: If the defendant makes a statement that includes both admissions of guilt and claims of innocence, it can be used.
        
        Ie that you heard the defendant say he did it
        
        Statements Made During an Offence
        
        Ie "break his neck like we agreed" - witness to an attack on V shouts it
        
        Res Gestae (Circumstances): These are statements made:
        
        When someone is overwhelmed or emotionally affected by an event, making it unlikely they are lying.
        
        To accompany an action (e.g., shouting "Take this!" while handing over stolen property).
        
        To describe a physical or mental state (e.g., "I feel dizzy" after being attacked).
    - - Hearsay Admissible by Agreement of Both Parties
    - - Hearsay Admissible in the Interests of Justice
        
        How Important Is the Statement?: Does it help resolve key issues in the case?
        
        How Reliable Is the Statement?: Was it made under trustworthy circumstances?
        
        Can It Be Challenged?: How easy or difficult is it to test the statement’s accuracy in court?
        
        Any Prejudice to the Defendant?: Does admitting the evidence harm the fairness of the trial?
  - - - Normal hearsay: "John told me he saw the defendant at the crime scene." (John is not in court.)
      - Multiple Hearsay: "John told me that Sarah told him she saw the defendant at the crime scene." (Neither John nor Sarah is in court.)
    - - Business document
      - Consistent or inconstent statement
      - All parties agree
      - Interests of justce
- - - - Torture, inhuman/degrading treatment, violence
    - - Inducement
      - Misrepresenting a case's strength
      - Questioning an unfit suspect
  - - - If the prosecution fails to discharge this burden, the confession MUST be excluded