what happens when social services withholds evidence? and falsifies that evidence?
it is serious but appears that this happens day in day out
I am not a solicitor but if i was you Google fraud Act 2006
Fraud by False Representation (Section 2),
Fraud by failure to disclose information (section 3)
Fraud by abuse of position (section 4)
also google misfeasance in public office and misconduct in public office
Ministry of Justice have said its an offence under the perjury act 1911
Withholding evidence in the UK is a serious offense that can result in penalties such as fines or even imprisonment. If an expert witness withholds evidence, they could face professional consequences such as being removed from the expert witness list and potentially facing legal action for obstructing justice. It is crucial for expert witnesses to adhere to their duty to provide all relevant evidence impartially and truthfully.
Yes, a person can be charged based on a witness statement. Witness testimony is considered valuable evidence in legal proceedings and can be used to support charges brought against an individual. However, additional evidence may be required to corroborate the witness statement for a successful prosecution.
Yes, witness testimony can be accepted as evidence, even if it was not marked as an exhibit. The credibility and relevance of the testimony will be evaluated by the court based on various factors such as witness demeanor, consistency, and corroborating evidence. It is ultimately up to the judge to determine the weight and value of the testimony in the case.
The two common types of evidence in a civil suit are testimonial evidence, which includes witness testimony, and documentary evidence, which consists of written records, photographs, emails, contracts, or any other physical evidence that can be presented in court.
Yes, "witness" is a noun. It refers to a person who has seen an event take place or has evidence of something.
Sources of circumstantial evidence can include witness testimony, physical evidence such as fingerprints or DNA, behavior of the accused before or after the incident, and any other indirect evidence that implies a connection to the crime. Circumstantial evidence is not based on direct observation but on inference, making it important to consider in the context of the overall case.
If the witness is testifying that HE heard the gunshots - it is called "direct evidence.' It is also a type called "testimonial" evidence as opposed to "demonstative" evidence. The testimonial evidence is that the witness testifies verbally that he heard the gun. The gun itself if entered into evidence would be demonstrative evidence.
Testimonial evidence is evidence given by a witness of things they've experienced first-hand. The first-hand account of a witness is called their testimony.
A witness can bring in character evidence of their good character when their character is relevant to the case, such as when their credibility is being challenged. This type of evidence can be used to show the witness's reputation for honesty or truthfulness.
Oral testimony given in a court by a witness. Also called parol evidence.
The case would have to rely on physical evidence (if any), and/or witness statements.
By "real evidence" I assume you mean evidence given by a witness verbally under oath on the witness stand. That is called testimonial evidence. In any event there are two types of evidence. One is testimonial evidence and one is demonstrative evidence. Testimonial evidence is simply evidence given by a person testifying verbally under oath or affirmation. Demonstrative evidence is taken from inanimate objects that demonstrate some particular fact. In a typical Law and Order episode the witness who testifies he saw the defendant shoot the victim is providing testimonial evidence. Exhibit A, the murder weapon with the defendant's fingerprints on it is demonstrative evidence, because it demonstrates that the defendant had the weapon in his hand. Both are real evidence as the defendant will shortly be very unhappy to learn.
Witness
It is your choice, but if you have material information that would aid either the prosecution OR the defense, and choose to withhold it, you may be treated as a "hostile witness" or, even held in contempt of court for withholding evidence.
Yes. If there is compelling evidence, even in the absence of a witness, you can be convicted of a crime. Also, if there is a proven motive in addition to the evidence, that will add to the probabibility of a conviction.
Evidence is crucial in a criminal case because it provides proof to support or refute allegations. It helps establish the facts of a case, allows for a fair trial where the truth can be determined, and influences the jury or judge in making a decision on guilt or innocence. Insufficient or unreliable evidence can result in wrongful convictions or acquittals.
Corroborating a testimony means providing additional evidence or testimony that supports or confirms the original testimony given. It helps to strengthen the credibility and reliability of the original testimony by showing consistency and agreement from multiple sources.
(in the US) The prosecution presents its case first.