Page 32 - Door Supervision Training Booklet

window. It is a very common form of evidence from which the facts to be proved are rendered more or less probable.
Hearsay
Evidence is hearsay if it relates to something that a witness has heard another person (not the accused) say about the offence, but that he does not know to be true for himself. That evidence can only be given by the person who experienced it for himself.
Hearsay evidence is very rarely admissible during court proceedings, because it is not the best evidence, it is second-hand. Juries also find it difficult to evaluate hearsay evidence properly, and because it is not given on oath as is direct evidence, its truthfulness and accuracy cannot be tested by cross-examination.
Oral
Oral evidence is that given by a witness when he verbally relates to the court what happened. The witness may recount from his first-hand knowledge what he said, saw, heard, tasted, felt, smelt and did at any relevant time.
Documentary
Documentary evidence includes any drawn, written or printed document in any form which communicates visual or written messages from one person to another. A door supervisor's notebook or the incident-log may be tendered as evidence, or a stolen cheque which has been passed over the bar as payment. The original document itself is primary evidence, and any copy of it is secondary evidence. Such evidence can be presented to the court by a witness, who can explain its relevance orally.
Real
Real evidence can be anything else which is produced as an exhibit to the court by any person who has first-hand knowledge of its existence and relevance to the matter in question. Items such as weapons or drugs found by door supervisors can be real evidence, as can any video recording of an incident filmed by CCTV.
Corroboration
Although the evidence of a single witness, normally the victim, can be sufficient to prove an offence against the accused, there is obviously the risk that an innocent person may be convicted unless the evidence of certain witnesses is confirmed and supported by other evidence. Corroboration is evidence in its own right which backs up other evidence that the accused is guilty of the offence.
Before evidence can be accepted by a court as corroboration it must be admissible in itself, so it must be relevant to the case and acceptable to the court.
Unfair Evidence
In pursuance of the defendant's right to a fair trial, evidence that he has a criminal record, is of bad character, or has a tendency to commit the type of offence for which he stands accused is not permitted, and is deemed inadmissible. Any previous criminal convictions the defendant may have will not be shown to the court until such times, as he has been found guilty of the offence for which he is accused. Only in rare, exceptional circumstances is this rule broken.
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