Evidence in Criminal Proceedings

Criminal Practice > Evidence in Criminal Proceedings

Evidence rules are one of the highest-yield areas in SQE1 because students often fail to identify the correct statutory exception, leaving inadmissible evidence unfiltered. Master the statutory framework and half your questions will resolve predictably.

What Is Evidence in Criminal Proceedings?

Candidates frequently confuse the separate admissibility tests for bad character evidence and hearsay — mistakes that commonly cost marks on SQE1.

The fundamental principle is that the prosecution bears the burden of proving the defendant's guilt beyond reasonable doubt. This connects closely to both the trial procedure rules and broader criminal practice frameworks.

Key Principles for SQE1

Burden and Standard of Proof

The prosecution bears the legal burden of proving every element of the offence beyond reasonable doubt. The defence does not need to prove innocence. Where the defendant raises a statutory defence (e.g., diminished responsibility), they bear an evidential burden on the balance of probabilities.

Hearsay

Under the Criminal Justice Act 2003, ss.114–136, hearsay is a statement made out of court that is relied on as evidence of the truth of its contents. It is generally inadmissible unless it falls within a statutory exception (s.114(1)): (a) a statutory provision makes it admissible; (b) a preserved common-law exception applies; (c) all parties agree; (d) the court is satisfied it is in the interests of justice.

Bad Character

Under the Criminal Justice Act 2003, ss.98–113, evidence of a defendant's bad character (misconduct or previous convictions) is admissible only through one of seven 'gateways' in s.101. Key gateways include: (d) relevant to an important matter in issue between defendant and prosecution; (f) to correct a false impression given by the defendant; (g) the defendant has attacked the character of another person.

Confessions

Under PACE s.76, a confession is inadmissible if obtained by oppression (s.76(2)(a)) or in circumstances likely to render it unreliable (s.76(2)(b)). The prosecution must prove beyond reasonable doubt that the confession was not so obtained.

Exclusion of Evidence

Under PACE s.78, the court may refuse to allow evidence if its admission would have such an adverse effect on the fairness of proceedings that it ought not to be admitted.

Identification Evidence

Under the Turnbull guidelines (R v Turnbull [1977]), where the prosecution case depends wholly or substantially on identification evidence, the judge must warn the jury of the special need for caution and direct them on the quality of the identification using the ADVOKATE mnemonic.

Competence and Compellability

All persons are competent to give evidence (Youth Justice and Criminal Evidence Act 1999, s.53). The defendant is competent but not compellable for the prosecution. A spouse is generally competent and compellable for the prosecution in cases involving assault or injury to the spouse or a child.

Exam tip

SQE1 questions often present an item of evidence and ask whether it is admissible. Common traps include allowing hearsay without identifying a valid exception, admitting bad character evidence without specifying the correct gateway, and forgetting that the prosecution bears the burden under s.76 for confessions. Questions on identification evidence test whether the Turnbull guidelines apply and what directions the judge should give.

How This Appears in SQE1 Questions

Quick Example Scenario

A witness tells the court that her neighbour told her he saw the defendant running from the scene of a burglary. The prosecution relies on this evidence to prove the defendant was present at the scene. Is this admissible?

This is hearsay — an out-of-court statement (the neighbour's account) relied on for the truth of its contents (that the defendant was at the scene). It is inadmissible unless the prosecution can identify a statutory exception under s.114(1) CJA 2003 — for example, if the neighbour is unavailable as a witness (s.116) or if the court admits it in the interests of justice (s.114(1)(d)).

Common Mistakes Students Make

Admitting hearsay without identifying a valid statutory exception — the default rule is that hearsay is inadmissible
Confusing the seven bad character gateways and applying the wrong one to the facts
Forgetting that the prosecution bears the burden of proving a confession was not obtained by oppression or in unreliable circumstances under s.76
Overlooking the Turnbull guidelines when identification evidence is in issue — a failure to give a Turnbull direction can lead to a conviction being quashed on appeal

Quick Summary

Evidence law governs what is admissible and how it is assessed:

Burden and standard: Prosecution proves guilt beyond reasonable doubt; defence proves statutory defences on balance of probabilities
Hearsay: Out-of-court statement relied on for truth inadmissible unless exception applies (s.114 CJA 2003)
Hearsay exceptions: Statutory provisions, preserved common-law exceptions, agreement, or interests of justice (s.116–120)
Bad character: Admissible only through one of seven gateways in s.101 CJA 2003 (e.g., important matter in issue, correct false impression)
Confessions: Inadmissible if obtained by oppression or in unreliable circumstances (s.76 PACE) — prosecution bears burden of proof
Exclusion of evidence: Court discretion to exclude under s.78 PACE if admission would prejudice fairness
Identification evidence: Turnbull direction required if case depends wholly or substantially on identification
Competence and compellability: All competent; defendant not compellable for prosecution; spouse generally compellable

What Admissible Evidence Can Prove the Elements of an Offence

Evidence law determines what material can be put before the court and how it is assessed. SQE1 criminal practice questions regularly test hearsay, bad character, confessions, identification evidence, and the burden and standard of proof.

Want to test this now? Try a few SQE1-style questions below before moving on.

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Practise Evidence in Criminal Proceedings Questions for SQE1

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Evidence in Criminal Proceedings for SQE1