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Planning Investigations and Legal Background for Tough Interviews 169

ligence is dismissed but it is critical and turning it into ‘evidence’ calls for a combination of
legal and investigative skills.

EVIDENCE

Evidence is simply facts, relating to a matter in issue, which are admissible in court

Ultimately, the judge in the case concerned, will decide what is admissible and what it not.
There is nothing magic or difficult about evidence. There are a number of categories of evi-
dence as shown in Table 5.6.

Table 5.6 Types of evidence

Type of evidence How it is presented in court How it is collated by the
Examples investigator

Oral evidence Given on oath from the witness box In statements (including his
What the suspect said when he by a person with first hand knowledge own), Proofs of Evidence,
was interviewed of the facts at issue affidavits or transcripts of
tape recordings

Documentary evidence Produced by a witness as part of Originals, copies and
False purchase invoices his oral evidence. Items which are schedules prepared by the
produced to a court by a witness are witnesses
normally called ‘EXHIBITS’

Photocopies of original Produced by a witness as part of his Copies, extracts and
exhibits oral evidence, providing the court schedules prepared by a
Photocopies of sales invoices is satisfied that the originals are no witness
longer available

Copies of overseas bank Produced by an employee from the Certified copies and
accounts and other records bank concerned as part of his oral schedules prepared by the
evidence or by another witness under witness
the Criminal Evidence Acts

Real evidence Produced by a witness as part of his Produced in court or
Stolen goods and weapons oral evidence illustrated by photographs

Tape and video recordings Produced by a witness as part of his The original recording
Of interviews with the suspect oral evidence and a transcript may be
or telephone calls made by him produced in court

Expert evidence Expert evidence is one of the main Proof of Evidence or
Opinion by a computer exceptions to the hearsay rule. The statement
technician Expert may give evidence under oath
of his opinion concerning some or all
of the facts in issue

Computerized evidence Produced by a witness as part of his oral Proof of Evidence or
Disks, tapes, print outs etc evidence. The witness must be able statement. Original or
to establish the exhibit was produced copies of computer media
in the normal course of business on a
computer of proven reliability