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Character Evidence and other types of evidence

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Lawdit Solicitors - Expert Author

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26 September 2012

Character Evidence

Character evidence is admissible if it is an issue itself or if it is of direct relevance to the facts in issue. Anyone who gives evidence can be cross examined on their character if it is relevant to their credibility as a witness subject to Judges' discretion.

Character evidence can cast doubt on a witnesses honesty, impartiality, motives etc in cross examination.

However, a Judge can limit cross examination under CPR 31.1(3).

The case of Hobbs V Tinling 1929 provides guidelines for the court to allow questioning related to credibility.

The question asked are whether it would be proper to allow questioning relating to credibility. If the truth of imputation conveyed would seriously affect the opinion of the court as to a witnesses credibility on the matter in which they testify.

Whether it would be improper to allow questioning relating to credibility - if the imputation conveyed relates to a matter so remote that the truth of the imputation would not affect or would only slightly affect the opinion of the court as to a witnesses credibility on the matter in which they testify.

Whether it would be improper to allow questioning relating to credibility - if there is a great disproportion between importance of imputation made against the witness and the importance of their evidence it will not be allowed.

Other types of evidence are:

Direct evidence - directly establishes or disproves a fact in issue.

Circumstantial evidence - gives rise to an inference concerning the fact in issue. An example of circumstantial evidence would be where a suspect is seen in the area of a crime at the time of the crime or if a suspect was seen with blood on clothes etc.

Oral evidence - can contain direct evidence or circumstantial evidence.

Documentary evidence - can be the contents of a document or a document itself.

Real evidence - A material object provided as evidence to prove the item exists or to enable inferences to be drawn from the condition of the item.

Hearsay evidence - a statement made out of court, whether orally, in writing or by implication to prove that what was said is true.

Original evidence - a statement made out of court other than to prove what was said was true. Original is usually to prove a statement was made rather than to prove the truth of its contents.

By Lawdit Solicitors


About the Author

Lawdit Solicitors offer services and advice for litigation, commercial contracts, Intellectual Property and IT legal agreements. We are experts in commercial law with a heavy emphasis on Intellectual Property, Internet and e-commerce law. Lawdit is a member of the International Trademark Association, the Solicitors' Association of Higher Court Advocates and we are the appointed Solicitors to the largest webdesign association in the world, the United Kingdom Website Designers Association.



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Article Published/Sorted/Amended on Scopulus 2012-11-07 09:07:22 in Legal Articles

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