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The Law of Evidence | What you need to know

By March 31, 2017 September 24th, 2019 No Comments
The Law of Evidence
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About evidence in a court proceeding

In every court case, both parties the claimant and the prosecutor must present evidence to support their claims. Without evidence, the prosecution or defence is likely to fail. Witness evidence is essential in court proceedings but also not all evidence produced is a fact, and others are dismissed. There are rules that states which evidence is admissible and if evidence does not fulfil the requirements it cannot be accepted. The first rule is that the evidence should be relevant. For it to be relevant the facts must amount to; facts in issue, relevant facts and collateral facts.

Types of evidence

  • Oral testimony – This evidence is uttered through an oral statement by a witness. The witness takes an oath before the court and promises that every word they say is true.
  • Witness statement and reports – This is written statements made by the witness and includes expert reports that are presented in the court proceedings.
  • Real evidence – It is tangible evidence usually an object produced for inspection to show if it was involved in a crime. This can include a knife or clothing.
  • Hearsay evidence – This is a statement, but it is not made during the proceedings
  • Documentary evidence – This can include digital records of communications presented as evidence to the court.

Summary

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