The importance of physical evidence in court proceedings
What is the purpose of physical evidence? Thus, for example, the object would be marked with a label signed by AB reading: "Exhibit AB1, referred to in the statement of [AB's name in full] dated [date]"; and the statement would include the words: "I produce [object] marked AB1"; or "I produce a copy of the said [document] marked AB1".
In the case of witness evidence, the court will first consider if the witness is competent and compellable to give evidence.
Can an accused be convicted of circumstantial evidence alone? The defence may adduce some evidence to the contrary, and in those circumstances the prosecution would have to prove the reliability of the computer.
Identification should be made by the initials of the person who will produce the exhibit and a consecutive number. In India, the history of human rights violations in police custody can be traced to British period.
Generally, documents and real evidence will need to be presented by witnesses in court. Even after 57 years of independence, in a democratic country like India, the police remains virtually a terror to the people and almost absolutely unaccountable for the violations of human rights of people in their custody.
Basic principles of law of evidence
Continuity and integrity of exhibits 4. Occasionally, you will wish to prove the truth of statements contained in a document. These after-the-crime activities do not just relate to activities of the suspect, but also include the entire range of activities required to investigate the crime. Previous character From these hearsay accounts, the investigator is considering the evidence and using that hearsay information to form reasonable grounds to believe and take action. Similarly, an expert witness may rely on documents which form part of the literature which relates to a process or risk; there is no need to produce the originals or to call the person who wrote the document. These should be adequately identified in the statement of the inspector or other person that made the video, took the photograph or made the drawing. It is an unexpected event so neither person was particularly paying attention or anticipating it. You should obtain section 10 Criminal Justice Act admissions from the defence in respect of the documents from Companies House. Rule 8. What is direct evidence? The issues relating to the disclosure of evidence have been the subject of several Supreme Court of Canada rulings and a few exceptions to disclosure had been identified where certain information does not need to be disclosed.
You should obtain a statement from the officer carrying out the analysis to be able to say how the sealed sample came into the possession of that officer and how it was identified. Exceptions to the hearsay rule.
Types of evidence
Forensic scientists perform two roles in their work. Reports to Crown Counsel recommending charges Witness impeachment material It is worth stressing that police notes and reports relating to the investigation are typically studied very carefully by the defence to ensure they are complete and have been completely disclosed. The Court of Appeal has stated that there is a distinction to be drawn between the compulsory production of documents or other material which had an existence independent of the will of the suspect or accused person and statements that they have had to make under compulsion. So in these instances, what can we do? In establishing this chain of evidence, each person handling an exhibit must write a brief statement identifying the exhibit and its whereabouts, stating when they received it and who they received it from, and saying to whom they passed it and when. A competent witness is generally a compellable witness R v Schell, Where you find relevant documents in the defendant's possession, you should exhibit them in your statement detailing how they came to be in your possession, and, if applicable, include the fact that you have used your s20 powers to take possession of them. It is an unexpected event so neither person was particularly paying attention or anticipating it. This warrant and the affidavit of facts can be examined and challenged at the trial. Rule 8. Topic Hearsay Evidence Hearsay evidence, as the name implies, is evidence that a witness has heard as a communication from another party. As an investigator assembles the evidence they are empowered to form reasonable grounds for belief and take actions of search, seizure, arrest, and charges to commence the court process. In addition, the court can completely exclude any evidence that has been obtained following a violation of the Charter Rights and Freedoms of the accused person.
You must ensure that all exhibits are kept safely and that there is a clear, identifiable audit trail from the moment that exhibits are seized to the moment they are presented in evidence.
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