1. TRUTH AND PROOF: What constitutes ‘evidence’ Professor John Hatchard School of Law, The Open University

2. “The question of whether someone is innocent is not one that is addressed in a criminal trial in our legal system.” (Zander, 1994)

3. The ‘fairness’ model Towards a fairer ‘fairness model’?

4. The accused Article 6 European Convention on Human Rights In the determination of any criminal charge against him/her, everyone is entitled to a fair and public hearing (the right to a fair trial) Everyone charged with a criminal offence has the right to examine or have examined witnesses against him/her

5. Public/political interests ‘Tough on crime’ Public confidence in the criminal justice system

6. Victims Victims/complainants and/or their families Secondary victimisation

7. Section 78 Police and Criminal Evidence Act 1984: Exclusion of Unfair Evidence (1)... the court may refuse to allow evidence on which the prosecution proposes to rely to be given if it appears to the court that... the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.

8. ‘There must be fairness to all sides. In a criminal case this requires the court to consider a triangulation of interests. It involves taking into account the position of the accused, the victim and his or her family, and the public’. Attorney-General's Reference (No 3 of 1999)

9. DAVID IS CHARGED WITH INDECENTLY ASSAULTING KATE, A 3 YEAR OLD GIRL, IN A PARK. AT HIS TRIAL HE PLEADS NOT GUILTY THE FOLLOWING INFORMATION IS ALL TRUE: BUT CAN IT BE USED AT DAVID’S TRIAL?

10. 1. Testimony of Kate IS KATE A COMPETENT WITNESS? IF SO, IS SHE A CREDIBLE WITNESS? HOW SHOULD HER EVIDENCE BE PRESENTED?

11. 2. Testimony of Dr Quick Dr Quick has examined David and concluded that he has a personality disorder that renders it likely that he will commit offences against young girls i. how is the evidence presented to the court? (medical, statistical information etc) ii. how reliable is the evidence?

12. The 2011 Law Commission report on ‘Expert Evidence in Criminal Proceedings in England and Wales’ was prompted by a call for reform from the House of Commons’ Science and Technology Committee amid concerns about unreliable expert evidence leading to wrongful convictions.

13. HOW CAN ‘SCIENCE’ MEET THE NEEDS OF THE CRIMINAL TRIAL? SHOULD WE INCLUDE RELEVANT ASPECTS OF ‘SCIENTIFIC METHODOLOGY AND STATISTICS’ IN THE LEGAL TRAINING PROGRAMME?

14. 3. Statement of Tendai Tendai made a statement to the police in which she says that she saw David indecently touching Kate. Tendai is now living in Zimbabwe and is not willing to assist any further. The transnational element Is her statement admissible?

15. David claims that he does not have an opportunity to cross-examine Tendai - Admit it ‘in the interests of justice’? - Exclude it as the sole or decisive evidence?

16. CAN WE MAKE THE ‘FAIRNESS MODEL’ FAIRER? THE EXPERTS THE OTHER WITNESSES LEGAL PRACTITIONERS LAW TEACHERS THE JUDGES THE JURY