CPPSEC3009 Gather and manage evidence

1. Gathering
&
Managing Evidence

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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”

12. 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

13. 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

14. 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

15. Top 5 Best Tips on Evidence
1. Take notes
•
They must be accurate
•
Taken at the time
•
Signature, date and time

16. 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

17. Top 5 Best Tips on Evidence
3. Handle Exhibits As Little As Possible

18. Top 5 Best Tips on Evidence
4. Exhibits Must Be Correctly Labelled And
Identified

19. Top 5 Best Tips on Evidence
5. If In Doubt, Include the Evidence - If
Necessary, It Can Be Excluded Later