Evidence Flashcards
6 cards from real BPTC practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Evidence flashcards as text
What is 'privilege against self-incrimination'?
Answer: The right of any witness, including a defendant, to refuse to answer questions if the answers might expose them to criminal liability
The privilege against self-incrimination allows any witness to decline to answer questions whose honest answers might expose them to criminal prosecution.
Under the CJA 2003, a statement made by a person unavailable to give evidence is admissible if:
Answer: The person is dead, ill, abroad, cannot be found, or fears giving evidence, and the interests of justice require admission
CJA 2003 s.116 allows hearsay statements from unavailable witnesses (dead, ill, abroad, missing, or through fear) provided the interests of justice are served.
What is 'judicial notice'?
Answer: The court's acceptance of a fact as proven without formal evidence because it is notorious or can be verified by reference to authoritative sources
Judicial notice dispenses with the need to prove facts that are either notorious (everyone knows the sun rises in the east) or capable of accurate verification from reliable sources.
Which type of witness evidence is admitted without the need for the witness to attend court and can be adduced by serving a copy of the statement?
Answer: Business documents under CJA 2003 s.117
Section 117 CJA 2003 allows documents created or received in the course of a trade or business to be admitted without calling the maker, provided the conditions of the section are met.
What is the effect of 'formal admissions' under s.10 Criminal Justice Act 1967?
Answer: Facts formally admitted need not be proved by evidence at trial
A s.10 formal admission is a binding admission of a fact that removes it from the issues the prosecution must prove, saving court time on undisputed matters.
The 'best evidence rule' in modern English law means:
Answer: The court will prefer the most reliable and direct evidence available but no longer rigidly excludes secondary evidence such as copies
The strict best evidence rule (requiring originals) has been largely abolished; courts now take a flexible approach, preferring the most reliable evidence but admitting copies and secondary evidence where appropriate.