BPTC Evidence 2

Question 1

What is 'real evidence'?

Accepted Answer

Physical objects or tangible items produced for inspection by the court, such as a weapon or a document

Answer

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:

Accepted Answer

Admissible subject to notice requirements and the court's power to consider the weight of the evidence

Answer

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?

Accepted Answer

Independent evidence that confirms or supports other evidence and implicates the defendant in the offence

Answer

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?

Accepted Answer

The evidence must be within a recognised field of expertise and the expert must be sufficiently qualified

Answer

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?

Accepted 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

Answer

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.

BPTC Practice Test

BPTC Practice Test

BPTC Evidence 2