Evidence - Practice Paper 1

Anya is charged with theft from her employer. The prosecution seeks to adduce: (a) a written statement from a co-worker, Raj, who witnessed Anya taking items from the stockroom — Raj has since died in an unrelated accident; (b) a text message Anya sent to her friend saying "I took some stuff from work, don't tell anyone"; (c) evidence that Anya was dismissed from a previous job for theft five years ago; and (d) testimony from a handwriting expert that a forged delivery note was written by Anya. Advise on the admissibility of each piece of evidence.

Analyse the law governing the admissibility of confessions under ss.76 and 78 of the Police and Criminal Evidence Act 1984. How do the courts distinguish between oppression and unreliability, and what role does s.78 play as a residual safeguard?

In a murder trial, the prosecution seeks to call the defendant's wife, Lisa, as a witness. Lisa does not wish to testify. The prosecution also seeks to adduce: (a) a privileged conversation between the defendant and his solicitor that was accidentally overheard by a police officer; and (b) expert evidence from a forensic psychologist that the defendant's personality profile is consistent with violent offending. Advise on the competence and compellability of Lisa and the admissibility of the privileged conversation and expert evidence.

Discuss the concept of relevance in the law of evidence. How do the courts determine whether evidence is relevant and what discretionary powers exist to exclude relevant evidence?

In a trial for dangerous driving causing death, the defendant, Peter, claims he was not the driver. The prosecution seeks to rely on: (a) identification evidence from a bystander, Claire, who saw the driver briefly through the car window from across a busy street at night; (b) an anonymous tip-off received by police naming Peter as the driver; and (c) evidence that Peter fled the country the day after the incident and was found in Spain two weeks later. The defence seeks to call a psychologist to testify about the unreliability of eyewitness identification generally. Advise on the admissibility issues.