Forensic Evidence in UK Law

Leading Cases
  • R v Feltham Magistrates Court, ex parte Ebrahim ; Mouat v DPP
    • Queen's Bench Division (Administrative Court)
    • 21 Feb 2001

    If, in such a case, there is sufficient credible evidence, apart from the missing evidence, which, if believed, would justify a safe conviction, then a trial should proceed, leaving the defendant to seek to persuade the jury or magistrates not to convict because evidence which might otherwise have been available was not before the court through no fault of his. Often the absence of a video film or fingerprints or DNA material is likely to hamper the prosecution as much as the defence.

  • R v Hayward, R v Jones (Anthony), R v Purvis
    • Court of Appeal (Criminal Division)
    • 31 Jan 2001

    This appellant, as it seems to us, had, clearly and expressly by his conduct, waived his right to be present and to be legally represented.

  • R (S and another) v Chief Constable of the South Yorkshire Police
    • House of Lords
    • 22 Jul 2004

    It is of paramount importance that law enforcement agencies should take full advantage of the available techniques of modern technology and forensic science. Such real evidence has the inestimable value of cogency and objectivity. It is in large measure not affected by the subjective defects of other testimony. It enables the guilty to be detected and the innocent to be rapidly eliminated from enquiries.

  • D. (Married Woman) (Respondent) v National Society for the Prevention of Cruelty to Children (Appellants)
    • House of Lords
    • 02 Feb 1977

    These various classes of excluded relevant evidence may for ease of exposition be presented under different colours.

  • R v Turnbull
    • Court of Appeal (Criminal Division)
    • 09 Jul 1976

    When, in the judgment of the trial Judge, the quality of the identifying evidence is poor, as for example when it depends solely on a fleeting glance or on a longer observation made in difficult conditions, the situation is very different. The Judge should then withdraw the case from the jury and direct an acquittal unless there is other evidence which goes to support the correctness of the identification.

  • Armagas Ltd v Mundogas SA (The Ocean Frost)
    • Court of Appeal (Civil Division)
    • 18 Oct 1984

    It is frequently very difficult to tell whether a witness is telling the truth or not; and where there is a conflict of evidence such as there was in the present case, reference to the objective facts and documents, to the witnesses' motives, and to the overall probabilities, can be of very great assistance to a judge in ascertaining the truth.

  • Royal Bank of Scotland Plc v Etridge (No 2); Kenyon-Brown v Desmond Banks & Company (Undue Influence) (No 2); Bank of Scotland v Bennett; UCB Home Loans Corporation Ltd v Moore; National Westminster Bank Plc v Gill; Midland Bank Plc v Wallace; Barclays Bank Plc v Harris; Barclays Bank Plc v Coleman
    • House of Lords
    • 11 Oct 2001

    This use of the term 'presumption' is descriptive of a shift in the evidential onus on a question of fact. When a plaintiff succeeds by this route he does so because he has succeeded in establishing a case of undue influence. The use, in the course of the trial, of the forensic tool of a shift in the evidential burden of proof should not be permitted to obscure the overall position.

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Legislation
  • Criminal Procedure (Scotland) Act 1995
    • UK Non-devolved
    • January 01, 1995
    ......admissibility in evidence of any answer given, put questions to. him in relation to the suspected ...to be signed by two authorised forensic scientists shall, subject to. subsection (5) below, be sufficient evidence ......
  • Police and Fire Reform (Scotland) Act 2012
    • Scotland
    • January 01, 2012
    ...... . . (f) to attend court to give evidence. . (2) When taking lawful measures in pursuance of subsection (1)(d), a ... . CHAPTER 3. . . Forensic services. . Forensic services. . S-31 . ......
  • Criminal Justice (Scotland) Act 1980
    • UK Non-devolved
    • January 01, 1980
    ...... to any existing rule of law as regards the admissibility in evidence of any answer given; .   . ( b . ) exercise the same powers of search as ...a report purporting to be signed by two authorised forensic. scientists shall, subject to subsection (3) below, be sufficient ......
  • Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021
    • Scotland
    • January 01, 2021
    ....... (3) A forensic medical examination is a physical medical examination carried out for purposes including the collection of evidence for use in connection with— . (a) (a) any investigation of the incident which gave rise to the need for the examination, or . (b) (b) any ......
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Books & Journal Articles
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Law Firm Commentaries
  • Forensic Services In Employment Matters
    • Mondaq United Kingdom
    ...... The team is comprised of professional investigators with experience in interviewing in accordance with the Police and Criminal Evidence Act, and forensic computer practitioners with the ability to recover and interpret complex digital evidence. Together, we offer a complete solution ......
  • Cum/Ex Convictions- Implications For Financial Institutions In The UK
    • Mondaq UK
    ......, Derek Patterson, Anant Modi, Rob Mason and Simon Taylor of Forensic Risk Alliance, to discuss a recent conviction in a German court in what is ... on fine factual judgments informed by highly technical forensic evidence. What are the implications in the UK?. Although the UK tax authorities ......
  • Spotlight On Recent Covenant Cases
    • Mondaq United Kingdom
    ......Although it had no primary evidence of solicitation Towry brought proceedings on the basis that the "tidal ... The evidence in this case included a computer forensics report which revealed that computers and phones had been repeatedly wiped ......
  • An Inspector Calls: Tuesdays Are The Favourite Day Of The Week For Dawn Raids
    • Mondaq United Kingdom
    ...... Tuesday allows sufficient days to continue gathering and securing evidence before the intervention of a weekend, when there is likely to be an ... of Christmas parties) militates against initiating a raid, with forensic evidence-gathering, at the year end. Companies that consider themselves ......
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