Real evidence is material, tangible evidence such as an object, a taperecording, a computer printout or a photograph. It is evidence that the courtcan examine for itself.
Generally, real evidence does not stand alone, and the court will hearevidence from a witness (often an expert witness) explainingthe significance or the relevance of the real evidence.
Material objects
An example of a material object in a murder case is the murder weapon. Thisis a piece of real evidence, which can be introduced in court. Sometimes, it isimpossible to produce a material object at trial because it has been destroyedor lost. Photographs, replicas or the oral evidence of someone who has seen theobject may be allowed instead.
Sometimes, if the material object cannot be shown in court a 'view' or anout-of-court inspection can be carried out.
Photographs
Photographs can be introduced as evidence of what they show. For example, ina murder trial, photographs can be introduced as evidence of the position andstate of the deceased's body when it was found.
A photograph’s authenticity must be proven before it can be admitted asevidence. The photographer must prove that they took the photograph, and theperson who processed it must make a statement saying that the photograph isuntouched.
Photographs do not need to be taken by a professional photographer to beadmitted as evidence. For example, in a civil case, photographs you have takenof damage done to your car in a road traffic accident will be allowed (as longas you are available to give evidence in court about when and how you took thephotographs).
Video recordings
Incidents or crimes are often captured and recorded by video cameras orCCTV. These recordings are accepted in court as real evidence. If evidence of acrime is recorded on a street or shop camera, the Gardaí are obliged to seizeand keep the recording for a reasonable time, even if they do not intend to useit as part of the prosecution case.
In order to use video recordings as evidence, the prosecution must provethat the video recording is authentic or genuine. The prosecution must explainhow and why the recording was made and who had the recording after it was made.The defence can object on these grounds, and if they do, it is up to the judgeto decide whether to allow the recording as evidence.
If the Gardaí decide not to use a recording as evidence at trial, theprosecution or Gardaí must notify the defence that the recording exists. Theymust also give the defence advance notice if they decide to destroy therecording. Because even though the recording may not be of use to theprosecution, it may help the accused prove they were not at the scene of the crime.
While there is a duty on the Gardaí to collect video evidence, they do nothave to go to extreme lengths to do so. For example, the Gardaí would not needto collect every piece of video evidence on O’Connell Street in Dublin ifthere was a theft from a shop on the street.
Out-of-court inspection
A view is an out-of-court inspection of a place or an object thatcan’t be brought into court. For example, the judge (and the jury if it is acriminal case) and the people involved in the case can leave the court toinspect a large machine or a motor vehicle that is of importance to the case.
A view is admissible as evidence in a criminal case ora civilcase. However, in most cases, it is not necessary to leave the court toexamine a place or an object as a photograph or a video recording of the placeor object will be accepted in court.
A person’s appearance and behaviour
A person’s physical appearance and their characteristics can be used asreal evidence. For example, in a personalinjuries case the injured person can show the judge a scar they got as aresult of the incident. Animals can also be produced to assess theirtemperament.
The demeanour of a witness when giving oral evidenceis considered real evidence. The judge can take this into account when decidingif this evidence is credible.
Forensic evidence
Forensic evidence is material or traces of material that have been analysedby a forensic science laboratory. Forensic evidence is collected by members ofthe Gardaí who are specially trained to do this. They must ensure that samplesare not compromised or contaminated when they are collected and stored.
Forensic science laboratories closely examine materials such as paint,glass, soil, hair, fibres, firearm residues, fire accelerants and footprintsamples. These samples may have been taken from the scene of the crime or mayhave been found on the victimor the suspect.
Forensic evidence has many uses, for instance:
- The presence of a material in itself may be significant, for example, the presence of firearms residue on a suspect's clothes
- Samples of materials may be matched, for example, fibres found on the suspect's jumper match the victim's blouse
- Unique marks may be identified, for example, footprints
Forensic evidence tends to prove that a suspect was at the scene of thecrime. For example, if a window was broken by a burglar to get into a house,the suspect's clothing will be examined for small glass fragments. The windowwill also be examined for fibres that may have come from the burglar'sclothing. There may also be DNAevidence.
When forensic evidence is introduced in court, it is usually be explained byan expert - a forensic scientist. The scientist explains what was done with thesample and how it was analysed. The scientist can then explain the laboratory'sfindings.
You should get legal advice for more detailed information on this.
