What is the difference between exhibits and evidence

What is the difference between an exhibit and an annexure? What are exhibits in a contract? What does exhibit mean? What is exhibit in legal document? Is an exhibit evidence? How do you present an exhibit in court? What is Exhibit order? Are plaintiffs exhibits numbered or lettered? What is disposed case?

What is unready board? What does awaiting summons mean? Does disposed mean dismissed? What happens after a case is disposed? What does it mean when a judge disposed a case?

How is a case dismissed? What does it mean when a warrant is disposed? What does it mean when a divorce is disposed? How long can a divorce case stay open? What is the meaning of disposed off in law? Do I have to sign final divorce decree? Is a divorce decree the same as a final Judgement? How long after divorce papers are signed Is it final? Can I get married if my divorce is not final? Do I have to give my wife money if we are separated?

Is it better to file for divorce or be served? What's the difference between evidence and exhibit? Evidence Definition: n. That which makes evident or manifest; that which furnishes, or tends to furnish, proof; any mode of proof; the ground of belief or judgement; as, the evidence of our senses; evidence of the truth or falsehood of a statement. One who bears witness. That which is legally submitted to competent tribunal, as a means of ascertaining the truth of any alleged matter of fact under investigation before it; means of making proof; -- the latter, strictly speaking, not being synonymous with evidence, but rather the effect of it.

To render evident or clear; to prove; to evince; as, to evidence a fact, or the guilt of an offender. Medical advice suggests that there are health risks attached to handling exhibits which are blood-stained or otherwise contaminated with body fluids.

Such exhibits should be left in the original polythene bags in which they are sealed. If it is absolutely essential to handle the exhibit, clear polythene disposable gloves should be used. CPS staff should not handle firearms real or imitation , or ammunition. This must be left to the police both inside and outside court. Under no circumstances should firearms or ammunition be stored in CPS offices. The storage and transmission of drugs is a matter for the police. Under no circumstances should drugs be stored in CPS offices.

The police are required to cancel counterfeit notes coming into their possession unless this has already been done, e. This is done by writing or stamping the word "counterfeit" along its length not diagonally on both the front and back. There is a risk that cancelled notes will not be allowed to be shown to the jury.

The defence could object that the printing of a word such as "counterfeit" across the note is highly prejudical on the basis that:. If the defence object to the printing of the word "counterfeit" across the note, it can be explained that:. The Bank of England accept the evidential risk but believe it is worth taking the risk to ensure counterfeit notes do not get back into circulation.

With the greater sophistication in the production of counterfeit notes, it is becoming more likely that reliance will have to be placed upon the oral testimony of experts. If a case is lost because the notes have been marked, Strategy and Policy Directorate should be informed in order that the Bank and the relevant Government department may be advised and the procedure reviewed.

For the purposes of section 28 Forgery and Counterfeiting Act Archold it is essential, if counterfeit notes are used in proceedings, that evidence is provided of the condition of the notes at the time of passing or seizure. Except to the extent that they are marked "counterfeit", counterfeit notes should not be marked or defaced in any way which might change the appearance of the note from the form in which it was passed or tendered.

The advice that counterfeit notes should not be marked applies particularly where consideration is given to the use of fingerprint tests which may leave a permanent stain e. If a test for fingerprints is thought to be necessary, the police will have to submit the notes for tests through the national central office at New Scotland Yard, indicating which notes they have it in mind to examine for fingerprints.

Where there are a number of notes from an offence or series of offences which are identical in appearance and it is essential that all are examined for fingerprints, one will be retained in its original condition and a statement made by the Bank's expert that all the notes, which were examined for fingerprints, were of the same appearance as the one retained in its original condition. Where there are bundles of notes and the top and bottom notes of each bundle only are to be examined for fingerprints, as being the only ones likely to have been handled by the offender s , the complete bundle s will be submitted to the Bank's expert for the provision of evidence of original identity before the fingerprint examination is carried out.

Where there is only one note from an offence, or where there are a number of notes and it is essential that all be examined for fingerprints, the police should also submit for each such note an actual sized true colour photograph of both sides of the note. To give the best possible indication of original appearance each note should be photographed beside a colour control patch, which may be required to be produced in court as an exhibit in its own right, to indicate the quality of reproduction in photographs.

For more information see Forgery and Counterfeiting , elsewhere in the Legal Guidance. It may be necessary for exhibits in obscene publication cases to be received in CPS offices. These exhibits should:.

See Obscene Publications , elsewhere in the Legal Guidance. Where the exhibits relate to pornographic images downloaded or sent over the internet, these will not be supplied. Because of the high cost of additional sets of photographs provided by the police, the CPS will make its own additional copies of photographs.

There is an agreement , which has been approved by the senior judiciary, that the CPS will use colour photocopied photographs in court in place of additional sets of photographs provided:.

It follows that it will only be in exceptional cases, that more than the 3 free sets will be ordered from the police. Video recorded evidence is admissible in evidence in the same way as photographic or audio taped evidence is admissible. Where the video evidence is obtained by the police and produced to the CPS, it is and it remains the responsibility of the police to ensure that the video evidence has been viewed and that any sensitive or personal information in relation to any person shown therein is edited.

Personal or sensitive information includes, but is not limited to names, addresses, dates of birth and any other material that may identify any person shown therein, such as in the case of CCTV vehicle registration details of third part vehicles where that information is not relevant to the investigation. The police should take steps to pixilate or otherwise disguise and obscure those details prior to providing discs to the CPS.

Where more than one copy of a disc is provided, each copy needs to be checked and edited prior to providing each disc to the CPS. If the video is destroyed, the court may consider that the loss of the recording requires that the criminal proceedings should be stayed as an abuse of process, but only where the loss is such that it means that the accused will not be able to have a fair trial - see Abuse of Process.

In terms of proving the authenticity of the video recording, the Prosecution must be able to show that the video film produced in evidence is the original video recording or an authentic copy of the original and show that it has not been tampered with. In order to do so statements must be available which produce the video evidence as an exhibit and which cover its continuity and security, unless it is agreed by the Defence that this is not an issue.

If the Police retain the original video film then a statement from the person who took the film together with continuity statements will be sufficient to produce the video recorded evidence as an exhibit. In respect of evidence obtained from automatic video recording systems e. The statement should include a description of the system used and explain how it works. If the original film is not available or is not in a playable format then the prosecution must establish that the copy produced is an authentic copy of the original recording and if the original is not available that the police do not have possession of it.

Crown Prosecutors must determine which of the photographs supplied by the police are of practical evidential value. Unnecessary photographs should be removed from the albums supplied by the police if the prosecution do not intend to rely on them as part of the prosecution case. The Crown Prosecutor must make a record on the file of the editing of photographs.

Photographs which are not used as part of the prosecution case may form part of the unused material which will be served on the defence see Disclosure of Unused Material , elsewhere in the Legal Guidance. The caseworker responsible for the preparation of a case will decide how many additional photocopies of photographs are required.

Where a guilty plea is anticipated, additional photocopies should only be prepared in exceptional circumstances. The reason for requesting additional photocopies must be recorded on the file by the Crown Prosecutor.

In summary cases the 3 free copies of albums of photographs from the police are usually sufficient for our purposes defence, court and CPS. In multi-defendant cases it may be necessary to prepare photocopies of photographs. In committal proceedings in a single defendant case 2 photocopied albums of photographs should be made, in addition to the 3 original photograph albums, for service on the defence:. A similar approach should be adopted in cases sent for trial under section 51 of the Crime and Disorder Act Where a set of photographs have been sent to the defence solicitor as part of the advance information package, there is no need to serve a set at committal provided that the album of photographs is identical.

The defence should be informed that we deem the photographs to have been served for committal purposes and this must be endorsed on the file. In a multi-defendant case there will be one extra photocopied album of photographs for each additional defendant and one extra photocopied album of photographs for each additional defence solicitor. Only when a clear indication has been received that a trial will proceed, e.

In some areas it has been possible to agree a lesser number of copies for the jury, e. Where photographs are referred to in statements that are to be served by way of notice of additional evidence photocopied albums will need to be prepared for service on the defence as in committal proceedings.

Original albums will be sent to the court and prosecuting counsel with a notice of additional evidence. This must be endorsed on the file.

In exceptional cases, sets of photographs in excess of the 3 free sets may be required. The Crown Prosecutor will endorse the file with the number of sets of photographs required and reasons for requiring photographs as opposed to photocopies of photographs.

Unless the police are willing to supply extra sets of photographs free of charge, the Area making the request will be liable for the additional costs incurred. As the need for photographs, as opposed to photocopies, is likely to arise very infrequently, Areas will need to negotiate payment on a case by case basis. The storage of the seized goods over lengthy periods of time is expensive and may lead to security and Health and Safety related concerns.

When reviewing a case involving the seizure of bulk goods, prosecutors should apply the bulk destruction policy and, where appropriate, the representative forensic testing policy see below.

Prosecutors must ensure that potential exhibits in a trial are not destroyed if doing so will prejudice the proceedings or any subsequent appeal.