NCJ Number
104663
Date Published
1986
Length
17 pages
Annotation
Rules of evidence encompassed by the British Police and Criminal Evidence Act 1984 pertain to hearsay evidence, computer records, convictions and acquittals as evidence, confessions, the competence and compellability of the accused's spouse, and privilege.
Abstract
The act makes admissible documentary evidence constituting a record, which is a document containing information deliberately recorded to preserve the information. Computer records are admissible provided the input to the computer is admissible and the computer was working properly when the records were produced. Regarding evidence of an acquittal or conviction bearing on the present case, the evidence will be admitted as fact unless the party challenging the verdicts at issue can prove them unreliable on a balance of probabilities. Confessions are admissible unless the judge rules factors in the taking of the confession render it unreliable. The truth of a confession must be determined by the jury. The act gives the court discretion to exclude evidence which it deems to have an adverse effect on the fairness of the proceedings. The accused's spouse under the act is generally a competent though not compellable witness for the prosecution. Privilege no longer attaches to communications between husband and wife or to evidence by a spouse that marital intercourse did or did not occur.