Evidence Flashcards
what is facta brobanda
key facts are to be proven
Proof beyond a reasonable doubt of two crucial aspects
- show a crime has been committed
2. show that the accused was the person who committed it
how many individual pieces of evidence do you need in Scotland
two pieces of corroborating evidence
who has the burden of proof?
always on the crown never on the defence
two types of burdens of proof
persuasive and evidential
whats the difference between ‘beyond reasonable doubt’ and ‘on the balance of probabilities’
beyond a reasonable doubt refers to any aspect of doubt which could show the accused is not guilty
on the balance of probabilities means it is more than likely that it did not occur - only used when showing accused has a mental disorder
what does section 51A of the Criminal Procedure (Scotland) Act refer to?
if the person was at the time of the crime, unable to appreciate the nature of their conduct due to a mental disorder - must be established using balance of probablitites
what witnesses are competent and compellable?
all witnesses are competent and compellable unless they are shown to be otherwise
HOWEVER the accused is not compellable
are children competent and compellable as witnesses?
yes
is the accused competent and compellable as a witness
they are competent until proven otherwise but are not compellable
which act/section includes the rules on character evidence/previous convictions in court?
Criminal Procedure (Scotland) Act 1995 s 101(1) and s 166(3)
what does the ECHR, Article 6(2) refer to?
everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law
what is hearsay? is it allowed?
an assertion other than one made by a person while giving oral evidence in the proceedings is inadmissible as evidence of any fact asserted
the exceptions to hearsay
- identification evidence (i.e. police can identify someone if the witness can no longer identify them)
- documents
- res gestea - “things done” where words are spoken which are so closely linked to the incident that they are held to be evidence
- confessions - accounting a confession by the accused
- Criminal Procedure (Scotland) Act 1955 s. 259
who are vulnerable witnesses? where will u find this (act)?
all children and some adults (i.e. mental disorder, sexual orientation, religious background etc)
Criminal Procedure (Scotland) Act 1995 s 271
