Introduction

In this chapter we will focus on (1) the admissibility of evidence in criminal proceed­ings and (2) how to make interim applications prior to a criminal trial. We will look at three types of interim hearings in our case study in this section: (1) a bail application, (2) a specific disclosure application and (3) an application for the admission of hear­say and character evidence.

An advocate is required by the criminal procedure rules to explicitly explain to the court how evidence (which goes beyond direct witness testimony) is admissible (see CrimPR Part 24.4(3) for the Magistrates’ Court and CrimPR Part 25.11(3) for the Crown Court). The case of AlecJohn Smith v R [2020] EWCA 777 reminds us that “the Criminal Procedure Rules are not decorative. They are there for a reason” [50].

We will start by considering some of the key evidential rules on admissibility that an advocate will need to be aware of when conducting proceedings. In Appendix B at the end of Part B, you will find a helpful Table of Key Evidential Rules cross-referenced to relevant legislation and procedural rules.