Page 31 - Door Supervision Training Booklet
P. 31
EVIDENCE
Whenever door supervisors arrest someone for committing an offence, or witness something that they are later asked to provide a statement about, they may ultimately have to give evidence in subsequent court proceedings about what they have done or seen.
The rules of evidence are very strict, so it is important that door supervisors have a clear understanding of them, and should at least know what is acceptable to a court and what is not.
Evidence, in its simplest form, means information that may be presented to a court to decide on the probability of some point in question, and particularly as to how it may determine a person's guilt or innocence.
All court proceedings are governed by the laws of evidence that determine what facts may be proved in order to decide whether the accused is guilty or not, and how and by whom those facts may be proved.
The facts in most criminal cases that need to be proved or disproved by evidence are the identity of the accused, whether or not he committed the offence for which he is on trial, and any necessary knowledge or intent connected to the crime.
Relevance
Evidence is said to be relevant to court proceedings if its existence tends to show the truth, or otherwise, of a fact which is in issue in those proceedings. All facts admissible in evidence must be relevant to the proceedings, but not all relevant facts may be admissible in evidence due to legal rules.
Admissibility
A fact is admissible when the law allows it to be proved in evidence.
Types Of Evidence:
Direct
Direct evidence means that of something seen, heard or experienced by the person who relates it. It normally connects the accused directly with the offence in some way.
For example, if a door supervisor says how he saw a man pick up a brick from the street and then throw it at a shop window causing it to smash, then if he relates this to a court it would be direct evidence against the accused.
Circumstantial
Circumstantial evidence can be described as presumptive or indirect evidence. Although it does not prove the offence itself it proves other facts which, when added to other evidence, supports an inference or presumption of guilt.
For example, if the supervisor above had seen the man pick up the brick from the street and run out of sight, but then had seconds later heard the sound of glass smashing and then had seen the man reappear without the brick, then this could be given as circumstantial evidence to support any direct evidence from other witnesses who may have seen the man actually smash the
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