Gathering and managing evidence

Gathering &Managing Evidence

Introduction

• The matter of evidence is extremely complex

• This session should provide you with sufficient information to understand the importance of preserving the integrity of evidence

• Incorrect handling of evidence can jeopardise future proceedings

• The better the evidence – the greater the chance of success

What is Evidence?

• It is any material relevant to proving or disproving the matter that you are investigating

• Evidence consists of facts, testimony, hearsay and exhibits which a Court or Tribunal will receive to prove or disprove a matter under inquiry

Rules of Evidence

• The “Rules of Evidence” govern the introduction, admission and exclusion of evidence in proceedings

• Admissible evidence “ is evidence that complies with the “Rules of Evidence” so that it can be admitted in Court to prove or refute the matter under inquiry

Types of Evidence

• Direct evidence (testimony and witness statements)

• Real evidence (or physical evidence)

• Documentary evidence

• Photographs, videotapes and audiotapes

• Expert, circumstantial, corroborating and hearsay evidence

Proof

• Facts can be proved by one or a combination of the different types of evidence

• Therefore, in addition to witness statements, it is generally necessary to gather documentary and real evidence during the investigation to confirm or disprove reasonable lines of inquiry in order to determine the causes of incidents

Statements

• A statement should be:

• Clear in meaning

• Concise

• Relevant

• Accurate

• Attributable (the giver should be identifiable)

• Recorded as soon after the event as possible

The Purpose of Statements

• Provides a word picture of a series of events for police, claims managers, solicitors, prosecutors, Court officials and jurors

• Provides a guide for witnesses to base their testimony on

• Restricts prevarication or changes of mind by witnesses

• Provides a permanent record of events

Exhibits

• Every document or object you wish to use in Court must be produced and presented by a witness in Court as an exhibit

• Statements should be obtained from the person who provides you with the exhibit, describing the item and its context

• Have the witness adopt and acknowledge the exhibit (or previous statement) in the body of the statement

Preservation of Exhibits

• The general rule in handling any exhibit is to handle it as little as possible

• It is important to retain the item as closely as possible to its original condition

Continuity of Exhibits

• Continuity is used to describe the handling and whereabouts of an exhibit from the time that it comes into the possession of the witness until it is produced in Court

• Also referred to as the “Chain of Evidence”

Continuity & Integrity

• It has to be proven that the exhibit before the Court is the same exhibit that was referred to by the witness AND that it has not been changed or tampered with while being retained for Court proceedings

Identification of Exhibits

• Exhibits must be correctly labelled, including:-

– The description and identification details of the exhibit

– The time, date and place that the exhibit came into your possession

– Where it came from and from whom it was obtained

Summary

• Correctly obtained, labelled and handled exhibits are vital for the success of any proceeding

• It is often difficult to predict how or where the evidence will be used in the future

Top 5 Best Tips on Evidence

1. Take notes

• They must be accurate

• Taken at the time

• Signature, date and time

Top 5 Best Tips on Evidence

2. Don’t Touch Exhibits Until You –

• Photograph the item in situ

• Consider the best way to handle the item to preserve its integrity

Top 5 Best Tips on Evidence

3. Handle Exhibits As Little As Possible

Top 5 Best Tips on Evidence

4. Exhibits Must Be Correctly Labelled And Identified

Top 5 Best Tips on Evidence

5. If In Doubt, Include the Evidence - If Necessary, It Can Be Excluded Later