7.1 Introduction

In this chapter we will focus on evidence in trials and appeals including the proce­dural rules of evidence that govern these types of hearings

In Chapters 5 and 6 we discussed the admission of certain types of evidence. We now turn to consider how evidence may be useful in proving or disproving issues between the parties (‘probative'). In a trial there will be a responsibility on a party to prove the facts which will lead to a conviction in a criminal case or a judgment in a civil case. This duty or responsibility to prove the facts of a case is known as the burden of proof and we will discuss this later in this chapter.