AC2:3 Rules of Evidence in Criminal Cases

For evidence to be reliable, it must be:

• Accurate

  Authentic

• Relevant

  Reliable

• Relevant

  Admissible

• Authentic

  Relevant

Examples of evidence which would be inadmissible in court (pick 2)

• Improperly obtained evidence

• Expert evidence

• Illegally obtained evidence

• Forensic evidence

All suspects have the right to a fair trial according to:

• Article 6 European Convention on Human Rights

• Fifth Amendment

• Article 1 United Nations Declaration on Human Rights

• s.58 Police and Criminal Evidence Act

Under s.78 PACE, the court may exclude improperly obtained evidence if it will affect the fairness of the trial

• True

• False

Mr Justice Ognall ruled the "Lizzie" evidence inadmissible in court in the case of :

• Barry George

• Colin Stagg

• Adam Scott

• Liam Allen

Juries may not, under any circumstances, use a defendant's silence to infer that they are guilty:

• True

• False

The power to infer a defendant's guilt from their silence is given under the following Act:

• Police and Criminal Evidence Act 1984

• Article 6 European Convention on Human Rights

• Criminal Justice and Public Order Act 1994

• Criminal Justice Act 2003

Refusal to answer police questions can be the only evidence needed to convict a defendant:

• True

• False

In Condron v UK (2000), the European court ruled that the defendant's conviction was unsafe because:

• The defendant had not been given access to a solicitor when being questioned by the police

• The jury had been wrongly instructed to draw an inference of guilt from the defendant's silence

• The defendant had been illegally searched

• The forensic evidence relied on by the CPS was inadmissble

Evidence of previous bad character of the defendant may be admissible as evidence in court:

• True

• False