The Law of Evidence: Admissibility and Measures to Protect Defendants

The Law of Evidence
Coursework

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
Admissible evidence..............................................................................................................3
PART A...........................................................................................................................................4
The evidence about the masks found by PC Patel in Rishi’s bag, including Rishi’s
response on being asked about them..................................................................................4
The evidence that PPE was found in the search at Rishi’s flat........................................5
The evidence emerging from the interview at the police station......................................5
The evidence of Dr. Hancock...............................................................................................6
The evidence relating to the other hospitals where Rishi has worked.............................7
PART B............................................................................................................................................9
Critically discuss the measures taken under English law to protect a defendant from the
potential miscarriage of justice which may arise from a false identification..................9
Case law...............................................................................................................................10
CONCLUSION..............................................................................................................................11
REFERENCES..............................................................................................................................12

INTRODUCTION
There are many laws in United Kingdom which helps in governing the country and its
people. There is only one law i.e. law of evidence which helps the court in rendering decision.
The evidence law is commonly known as 'rule of evidence'. It is basically the laws that helps in
governing the rules which relates to the proving process in the proceedings at the court1. These
rules helps in determining the court that which proves or evidences are admissible in court and
which are not. These rules of evidences also includes quality, quantum and the type of proof
which is needed in prevailing litigation. These rules or laws vary with the type of proceeding i.e.
whether it is criminal, civil or family matter.
This report consist of case study in which advice is given on the admissibility of the
evidences and also advices on how judges should direct the jury. This report also explains
measures which are taken under English law to protect defendant from potential miscarriage of
justice that may arise from false identification.
MAIN BODY
Admissible evidence
In any court proceedings it is crucial for the parties to the case to produce evidences to
support their case. Party can either be prosecution or defendant. Without producing evidences to
support a case, any claim or defence is considered as fail. Evidence which is given by a witness
is considered as very crucial in any court proceedings but other evidences thus presented are not
always admissible by the court.
The evidence must always be relevant if needed to be admissible in court2. This is the
first and the very important rule of admissibility of evidence. For an evidence to be admissible
by the court it is seen that the fact in question which is to be proved right or wrong must amount
to:
 fact in issue (it is which a party needs to prove)
 relevant facts ( it is which proves the facts that are in issue)
 Collateral facts (they are the facts that may or may not affect the credibility of a witness)
1 'Evidence: Best Evidence' (2018) 6 Michigan Law Review
2 Police And Criminal Evidence Act 1984 (PACE) - Code D (2019)

PART A
The evidence about the masks found by PC Patel in Rishi’s bag, including Rishi’s response
on being asked about them.
Rishi was working as a nurse in Flixton Nightingale hospital, Manchester. He was
charged for £10,000 worth theft of PPE kits, masks, gloves, etc. Rishi was arrested and upon
being searched it was found by P C Patel that Rishi's bad includes 100 surgical masks. Upon
being asked, he refused. Rishi was in complete shock and refused to say anything upon the said
matter. It is a right of a person to stay quite on being interrogated in absence of a legal attorney.
This is the type of real or direct evidence that are tangible in nature. These tangible
objects are produced before the court to prove that the object that was stolen really exists. This
helps court with the inference of the decision.
Direct evidences under the CJA, 2003 are those which are witnessed and experienced
personally by using their senses. This includes seeing something in person, touching and hearing.
The only thing on which court or jury rely on is that the person who is producing those
evidences is reliable and trustworthy.
There is currently no rule of law in English civil procedures that evidence collected
unlawfully and improperly must be rejected. Despite this, the courts in England and Wales nearly
always believe that presenting all relevant evidence to the judge is the best approach to attain
justice3. For example, in the case of Jones v University of Warwick [2003], a defendant-hired
inquiry agent gained perpetual entry to the claimant's house and utilized a concealed camera to
record the claimant operating her hand without any of the stated impairment. The investigation
agent was alleged to have committed trespassing, which is something the claimant claimed
violated her right to privacy under ECHR under the Article 8. The evidence was accepted since it
would be unfair and inappropriate for significant evidence to have not been presented to the trial
judge.
It is advised to the judge that the objects such as PPE bags which included gowns, gloves
and masks, found in the bag of Rishi are direct evidences found by the police while checking the
bags of Rishi. These objects were seen from the eyes of the police and also touched by them. All
the materials found in the bag form part of real or direct evidences. Therefore the court is advices
3 Neef A, 'Constitutional Law: Evidence: Use Of Illegally Obtained Evidence And Due Process Of Law'
(2019) 50 Michigan Law Review