BPTC Evidence 2 — Questions and Answers
Question 1: What is 'real evidence'?
- Evidence given by a witness who actually saw the event
- Physical objects or tangible items produced for inspection by the court, such as a weapon or a document (Correct answer)
- Evidence of a fact that is not in dispute
- CCTV footage admitted under a hearsay exception
Correct answer: Physical objects or tangible items produced for inspection by the court, such as a weapon or a document
Real evidence consists of physical things — weapons, clothes, documents, objects — produced for the court to inspect directly, as opposed to testimonial or documentary evidence.
Question 2: Under the Civil Evidence Act 1995, hearsay evidence in civil proceedings is:
- Inadmissible in all circumstances
- Admissible subject to notice requirements and the court's power to consider the weight of the evidence (Correct answer)
- Admissible only with the opposing party's consent
- Admissible only if the maker of the statement has died
Correct answer: Admissible subject to notice requirements and the court's power to consider the weight of the evidence
The Civil Evidence Act 1995 abolished the hearsay rule in civil proceedings; hearsay is now admissible, but a party relying on it must give notice and the court will consider its weight.
Question 3: What does 'corroboration' mean in the law of evidence?
- Repetition of the same evidence by the same witness
- Independent evidence that confirms or supports other evidence and implicates the defendant in the offence (Correct answer)
- Documentary evidence that accompanies oral testimony
- An expert's verification of a witness's account
Correct answer: Independent evidence that confirms or supports other evidence and implicates the defendant in the offence
Corroboration is independent evidence that tends to confirm other evidence and connects the defendant to the crime — it is no longer required as a matter of law in English criminal courts but remains relevant to weight.
Question 4: Which test governs the admissibility of expert evidence in English courts?
- The Daubert standard
- The evidence must be within a recognised field of expertise and the expert must be sufficiently qualified (Correct answer)
- The expert must hold a university degree in the relevant field
- The evidence must be supported by peer-reviewed research
Correct answer: The evidence must be within a recognised field of expertise and the expert must be sufficiently qualified
English courts require that expert evidence comes from a recognised field and that the witness has sufficient expertise; there is no Daubert-style reliability gatekeeping, though reliability is considered.
Question 5: What is 'character evidence' and when is a defendant's good character admissible?
- Evidence of a defendant's previous convictions, which is always admissible
- Evidence of a defendant's reputation or previous conduct, which the defence may adduce to suggest the defendant is unlikely to have committed the offence (Correct answer)
- Evidence of the victim's character only
- Evidence adduced only by the prosecution
Correct answer: Evidence of a defendant's reputation or previous conduct, which the defence may adduce to suggest the defendant is unlikely to have committed the offence
A defendant may adduce evidence of good character to suggest they are unlikely to have offended; the judge must then give a Vye direction explaining the significance of good character to the jury.
Question 6: A 'voir dire' (trial within a trial) is used to:
- Test the credibility of an expert witness before the jury
- Determine the admissibility of a piece of evidence, such as a confession, in the absence of the jury (Correct answer)
- Allow a witness to give evidence anonymously
- Decide whether the defendant is fit to plead
Correct answer: Determine the admissibility of a piece of evidence, such as a confession, in the absence of the jury
A voir dire is a hearing held in the absence of the jury to determine whether particular evidence, typically a confession, is admissible before the jury hears it.
BPTC Evidence 2
What is 'real evidence'?