Admissibility of evidence uk daily mail

A fascinating topic!

In the UK, the admissibility of evidence is governed by the rules of evidence, which are set out in the Criminal Procedure and Investigations Act 1996, the Police and Criminal Evidence Act 1984, and the Criminal Justice Act 2003, among other sources.

The Daily Mail, being a newspaper, is not a legal authority, but I'll provide an overview of the admissibility of evidence in the UK, as well as some notable cases and principles.

Admissibility of Evidence in the UK

In the UK, evidence is admissible if it meets the following criteria:

  1. Relevance: The evidence must be relevant to the issue in question.
  2. Authenticity: The evidence must be genuine and not tampered with.
  3. Reliability: The evidence must be reliable and trustworthy.
  4. Properly obtained: The evidence must have been obtained in a lawful and proper manner.

Types of Evidence

There are several types of evidence that can be admissible in a UK court, including:

  1. Direct evidence: Evidence that directly proves a fact, such as eyewitness testimony.
  2. Circumstantial evidence: Evidence that indirectly proves a fact, such as a suspicious lack of alibi.
  3. Real evidence: Physical objects or items that can be used as evidence, such as a weapon or a piece of clothing.
  4. Documentary evidence: Written documents, such as letters, emails, or receipts, that can be used as evidence.

Notable Cases and Principles

  1. The Ashworth Principle: In R v Ashworth [2002] EWCA Crim 1801, the Court of Appeal held that evidence obtained in breach of a suspect's rights under Article 6 of the European Convention on Human Rights (ECHR) may be excluded if it is "tainted" by the breach.
  2. The PACE Code: The Police and Criminal Evidence Act 1984 (PACE) Code sets out the rules for the detention, questioning, and treatment of suspects. Evidence obtained in breach of the Code may be excluded.
  3. The Human Rights Act 1998: The HRA incorporates the ECHR into UK law, and evidence obtained in breach of a suspect's rights under the ECHR may be excluded.
  4. The Admissibility of Confessions: In R v Khan [1997] AC 588, the House of Lords held that a confession obtained through oppression or coercion may be excluded as evidence.

Conclusion

In the UK, the admissibility of evidence is governed by a complex set of rules and principles. Evidence must be relevant, authentic, reliable, and properly obtained to be admissible in court. The Ashworth Principle, PACE Code, Human Rights Act, and other cases and principles all play a role in determining what evidence is admissible in a UK court.