Criminal Procedure and Evidence
Procedure from Investigation to Trial
Candidates must understand police powers (arrest, search, detention, and the requirement of reasonable suspicion), the caution and right to silence, bail considerations, the committal process, charge negotiation, and the trial process including arraignment, empanelment, and verdict. Know the difference between summary and indictable offences and the availability of judge-alone trials.
Evidence in Criminal Matters
Key doctrines: the prosecution's burden and the standard of beyond reasonable doubt; the Woolmington principle; the discretions to exclude identification, admission, or propensity evidence; the Pfennig and uniform evidence approaches to tendency and coincidence; hearsay and its exceptions; the Browne v Dunn rule; and the Ligertwood / uniform evidence directions on lies, delay, and complaint evidence. Understand the meaning of unfair prejudice and the Christie discretion.
Traps and Rule of Thumb
Questions often turn on whether evidence is admissible but should be excluded, or admissible only with a direction. Do not confuse the standard of proof for the prosecution with the standard for voir dire or bail. A rule of thumb: identify the party bearing the onus at each procedural stage before applying an evidentiary rule.
Worked example: An accused makes an admission during unlawful detention. The evidence may be excluded under the discretion if its probative value is outweighed by unfairness to the accused. Analyse the impropriety, its effect on the admission, and whether a direction could cure the prejudice.