(2) Admissibility: the basic test
A confession will be inadmissible where it has been unfairly
See e.g. Brown v HM Advocate 1966 SLT 105 at 107 per Lord JusticeGeneral Clyde: "The simple and intelligible test which has worked well in
Criminal Procedural Scotland Act 1995, ss274-275.
S 274 Restrictions on evidence relating to sexual offences
(1) In the trial of a person charged with an offence to which section 288C
applies, (this is a list of sexual offences doesnt include assault with
Questioning of complainer in charges on sexual offences
Criminal Procedure (Scotland) Act 1995, ss 274-275
Cumming v HM Adv 2003 SCCR 261 evidence at trial was excluded at
275 then on appeal decided it was wrongly excluded, indecent assault of young
BURDEN OF PROOF
Usually pursuer must prove all essential facts not admitted by defender,
with a burden on defender to prove any additional facts as part of his own
Burden generally on party who makes a positive or affirmative averment
Admissions made as part of legal proceedings are binding on the party
making them and do not need proof
Buick v Jaglar 1973 SLT (Sh Ct) 6
(a) a judicial admission must be taken subject to any explanation or
SUFFICIENCY AND CORROBORATION
(1) The corroboration rule
"No matter how trivial the offence and how high soever the credit and
character of the witness, still our law is averse to rely on his single word, in
any enquiry which may affect the person, libert
4) "Mixed statements"
This is an area of the law which caused considerable confusion, resulting
a series of decisions culminating with *McCutcheon v HM Advocate 2002 SLT
A "mixed statement" is a term used to refer to a statement by the
"Real evidence is evidence which consists not in what is stated to the
tribunal of fact but what that tribunal observes of what is produced before it"
(Wilkinson, p 7)
fingerprints - Hamilton v HM Adv 1934 JC 1 shop being broken in to and
PRIVILEGE AND IMMUNITY
(1) Privilege (sometimes "confidentiality") the right not to give evidence
in court or the right not to produce a document which is required for purposes
of a court action. Proper name for this is privilege but may commentators and
Evidence of what another person said A told me he hit B
Admissible in civil proceedings with some exceptions
Mostly inadmissible in criminal proceedings
"The rule against the admission of hearsay is fundamental. It is not the
best evidence and it is not d
What is evidence?
What are the rules of evidence?
Is the evidence relevant? Admissible?
What type of evidence is it?
Is there a unified law of evidence?
Interaction of evidence and procedure.
1. Relevancy of evidence.
Obtain a narrative which is as close
Similar Fact Evidence (SFE)
General rule similar fact evidence is irrelevant and inadmissible.
A v B (1895) 22 R 402 damages for rape as the defender is of a brutal and
desentous disposition and on 2 other occasions had tried to rape two other