Evidence, Admissibility and Exclusion
Admissibility
Evidence must be relevant. Hearsay is admissible under CJA 2003 exceptions: unavailable witness, business records, interests of justice, and statutory gateways. Bad character requires a gateway under s.101: agreement, propensity, context, correction, or attack on another's character. Confessions are admissible unless excluded under PACE s.76 for oppression or unreliability, or s.78 for unfairness.
Exclusion and witnesses
s.78 excludes evidence with an adverse effect on fairness. s.41 YJCEA restricts sexual history evidence. Identification requires a Turnbull direction. Vulnerable witnesses use special measures, and the court must consider competence.
Traps
Hearsay is not automatically inadmissible; bad character is not only previous convictions; s.78 is not a general discretion to exclude every irregularity. The interests of justice test is flexible but not unlimited.
Worked example
A witness fears attending; hearsay may be admitted if the interests of justice favour it, but the court must weigh the prejudice to the defendant and the reliability of the evidence.