Types of Evidence in UK Law

Definition of Evidence

• Evidence in UK criminal law is information presented to help a jury decide if a crime has been committed.
• Both parties in a court case (prosecution and defense) need to present supporting evidence for their claims.
• Without evidence, claims are unsubstantiated and likely to fail.

Exhibits

• An exhibit is a document or item shown to a witness or referred to as evidence.
• The police retain potential evidence items during investigations. After committal, these are passed to the prosecution.
• The prosecution's duties include protecting the exhibits and allowing access to the defense for inspection.

Admissibility of Evidence

• Admissible evidence must satisfy criteria to ensure a fair trial:
  1. Probative: Must prove something and be credible.
  2. Non-prejudicial: Must be factual and impartial.
  3. Relevant: Must relate to the case facts.
  4. Coherent: Must be logical and consistent.
  5. Provable: Must demonstrate proof or be lawfully assumed.

Res Gestae Rule

• Allows witnesses to provide context to their evidence.
• Judge may allow additional context if it helps the court understand the evidence better.

Classifications of Evidence

• Direct Evidence:

  • Learned directly by the witness through senses (seeing, hearing).
  • Can lead to conclusions without needing assumptions about facts before the jury.
  • Witnesses present it orally or through a written statement.

• Circumstantial Evidence:

  • Inferred from circumstances rather than direct observation.
  • Can lead to reasonable conclusions if enough evidence supports it.

• Primary Evidence:

  • The best available evidence of an object or fact.
  • Often the object itself or a verified statement about it.

• Secondary Evidence:

  • Reproduced from original documents.
  • Less reliable but admissible if validity is proven.

• Forensic Evidence:

  • Must be conducted by verified experts and must meet admissibility standards.

• Expert Evidence:

  • Based on expert opinions to aid understanding.
  • Used when jury lacks knowledge, but can be excluded if potentially misleading.

Forms of Evidence

• Testimony: Oral evidence given in court under oath.
• Hearsay: Second-hand evidence, generally inadmissible in criminal cases.
• Real Evidence: Physical evidence like photographs or weapons.

Contact Information

• Draycott Browne, a leading criminal defence firm in the UK.
• Offers expert legal advice and representation.
• Contact: +44 (0)161 228 2244
• Address: 12 Oxford Court, Manchester, M2 3WQ

This is a summary of the types of evidence used in UK law and their legal implications. For more detailed legal advice, consider contacting a legal expert.