Similar Fact Evidence in UK Law

Leading Cases
  • R v Boardman
    • House of Lords
    • 13 Noviembre 1974

    The test must be—is the evidence capable of tending to persuade a reasonable jury of the accused's guilt on some ground other than his bad character and disposition to commit the sort of crime with which he is charged? The similarity would have to be so unique or striking that common sense makes it inexplicable on the basis of coincidence.

  • O'Brien v Chief Constable of South Wales Police
    • House of Lords
    • 28 Abril 2005

    And if those engaged in the recent event had in the past been involved in events of an apparently similar character, attention would be paid to those earlier events as perhaps throwing light on and helping to explain the event which is the subject of the current enquiry. To regard evidence of such earlier events as potentially probative is a process of thought which an entirely rational, objective and fair-minded person might, depending on the facts, follow.

  • R v Novac
    • Court of Appeal (Criminal Division)
    • 15 Diciembre 1976

    According to P he was subsequently taken to another address where the offence alleged in Count 7 was committed when the boy and Raywood were sharing a bed. The fact that the boys may in each case have been picked up by Raywood in the first instance at amusement arcades may be a feature more nearly approximating to a "unique or striking similarity" within the ambit of Lord Salmon's principle.

  • Michael Obrien and Chief Constable of The South Wales Police/
    • Court of Appeal (Civil Division)
    • 23 Julio 2003

    It follows that in civil proceedings, as opposed to criminal proceedings, the first question to be asked is whether the similar fact evidence is admissible. To be admissible it must be logically probative of an issue in the case, and the first part of the House of Lords' test in P must be applied to exclude evidence which is not sufficiently similar to the evidence in the case before the court.

  • R v Lunt
    • Court of Appeal (Criminal Division)
    • 28 Noviembre 1986

    (5) If the evidence is positively probative in the foregoing sense the judge will nevertheless have a discretion to exclude it if it "would probably have a prejudicial influence on the minds of the jury which would be out of proportion to its true evidential value": see R. v. Sang, [1980] AC 402, at p.434.

  • R v Z
    • House of Lords
    • 22 Junio 2000

    Similar facts are admissible because they are relevant to the proof of the defendant's guilt. The fact that a number of witnesses come forward and without collusion give a similar account of the defendant's behaviour may give credit to the evidence of each of them and discredit the denials of the defendant. This is the simple truth upon which similar fact evidence is admitted: it has probative value and is not merely prejudicial.

  • DPP v P
    • House of Lords
    • 27 Junio 1991

    From all that was said by the House in Reg. v. Boardman I would deduce the essential feature of evidence which is to be admitted is that its probative force in support of the allegation that an accused person committed a crime is sufficiently great to make it just to admit the evidence, notwithstanding that it is prejudicial to the accused in tending to show that he was guilty of another crime.

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Legislation
  • Serious Crime Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ... ... under this section is admissible in evidence in proceedings against that person for an ... a director, manager, secretary or other similar officer of the body corporate; and for this ... (6) A person is taken to have shown the fact mentioned in subsection (5)(a) or (b) if- ... (a) ... ...
  • Consumer Rights Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
  • Domestic Abuse Act 2021
    • UK Non-devolved
    • 1 de Enero de 2021
    ... ... in certain circumstances to give evidence or otherwise participate in civil proceedings; to ... may be behaviour “towards” B despite the fact that it consists of conduct directed at another ... also section 45(8) and (9) , which makes similar provision where an order has been varied.) ... ...
  • The Criminal Procedure Rules 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ... ... TO ASSIST A WITNESS OR DEFENDANT TO GIVE EVIDENCE ... ...
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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • Draft directions for a compensation reference
    • HM Courts & Tribunals Service court and tribunal forms
    Lands Chamber (Upper Tribunal) forms including appeals forms.
    ... ... exchange the statements of any witnesses of fact on whose evidence they wish to rely. Each witness ... the hearing bundle; the parties may agree similar arrangements for exchange between themselves ... ...
  • Draft directions for a rating appeal
    • HM Courts & Tribunals Service court and tribunal forms
    Lands Chamber (Upper Tribunal) forms including appeals forms.
    ... ... exchange the statements of any witnesses of fact on whose evidence they wish to rely. Each witness ... the hearing bundle; the parties may agree similar arrangements for exchange between themselves ... ...
  • T611)
    • HM Courts & Tribunals Service court and tribunal forms
    Includes the refund form for claimants.
    ... ... which evidence is heard and legal arguments are made with a ... similar to what happens in an ordinary court. Mediation ... The fact that ... mediation is taking place will not delay ... ...
  • Form D8
    • HM Courts & Tribunals Service court and tribunal forms
    Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.
    ... ... The information you give will be used as evidence by ... the court to decide if you are entitled to ... a similar document issued under the law in the country you ... more of the following reasons to support the fact that your marriage ... or civil partnership has ... ...
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