AC3.1 Examine information for validity.

Evidence may be defined as orally expressed, like Eye testimonies, or physical (fingerprints) in nature. It must
include facts about the case. Before the CPS decide to progress with a prosecution using evidence, they
proceed first through the Evidential Test. This states that evidence must be admissible. This means coerced or
forced confessions as well as hearsay evidence is perceived as invalid and therefore inadmissible for use in
court. In addition to this, evidence must be seen as reliable by the CPS, this highlights that evidence must be
accurately depicted and contain the absence or influence of forgery, dishonesty or bad character. Finally,
evidence must be credible, meaning that despite of any circumstances it is strong enough to be believable. In
1985, Jeremy Bamber was found guilty of the murder of his adoptive family members. Prior to the incident,
Bamber contacted the police in an attempt to shift the blame onto his adoptive sister, Sheila, who was
diagnosed with schizophrenia. Evidence was crucial in convicting Jeremy Bamber- specifically: The murder
weapon. This is Because it contained traces of Sheila's blood on it (physical DNA evidence), and forensic experts
agreed that it was physically impossible for her to have returned the gun back into their bedside cupboard after
allegedly committing suicide via shooting herself. This help to raise questions about whether she was the true
culprit.

Bias can be defined as a predisposition or prejudgment towards a certain individual or group, particularly in a
manner that is perceived as unjust or inequitable, i.e., (the use of racial profiling in the media to portray
offenders). This concept can also be extended to a statistical context, wherein it refers to a systematic bias in a
statistical outcome caused by an unaccounted factor during its calculation. An example of this can be, a corrupt
expert purposely switching DNA samples to convict the wrong person because of a personal bias. This is
negative for the progression of criminal assess as this can lead to labelling, where a false depiction of a group
/suspect may be forced to associate with a crime unlawfully. The Bamber case in the 1980s before any reliable
evidence was secured, prominently included bias, as it depicted Bamber as a sexual predator due to his
involvement in the sale of intimate photographs of Sheila. Consequently, the public developed a negative
stereotyped perception due to the implications of guilt conveyed by his behaviour. Furthermore, the exposed
professional psychoanalysis conducted on Bamber labelled him as ‘psychotic’, thereby influencing the
perceptions of individuals and potentially even the jury's decision, despite the absence of any evidence
establishing his guilt as a murderer.

An opinion can be defined as a perspective or assessment developed regarding a subject matter, which might
not be strictly grounded in factual evidence or comprehensive understanding. Opinions serve as a subjective
assessment of the quality or value of an individual or object and can therefore not always be reliable or valid,
i.e., expert opinions. In the Bamber case, it is noteworthy to mention that there were significant opinions
expressed regarding the case. Notably, law enforcement officials characterised Sheila, who was Jeremy's
adoptive sister, as being "innocent and angelic", thereby establishing a preconceived notion that may have
compromised their impartiality. It’s vital to highlight that certain opinions such as expert opinions may
contaminate the intention behind a verdict and therefore may cause a miscarriage of justice because of
generalized and qualitative beliefs held or promoted by the public.

The term circumstances refer to any event, situation, fact, action, or omission that has the potential to
generate a variation of results or actions contextually. This is significant as in circumstances where there is a
failure in carrying out procedures correctly, there is a result of mistrial or the wrongful conviction of an
innocent person. An example of circumstance is also evident in the Bamber case, where more than 150
forensic images were captured of the white farm crime scene in an effort to collect as much evidence as
possible to increases the likeliness of gaining relevant evidential material.

After the commission of a crime, the timeliness with which evidence or information is presented is referred to
as its currency. This is critical, as the likelihood of obtaining significant and accurate evidence decreases with
the passage of time between a crime and the availability of evidentiary material. I.e., there was a 4-hour period
between the report of the Bamber murders and armed officers penetrating the house which means that
evidence could easily be tampered with.
Accuracy falls under the evidential tests and is defined as the consistency, authenticity, and properness of the
evidence or content. It is vital to have a precisely adequate insertion of evidence as any inconsistencies or
mistakes may cause dire errors that can lead to injustice. The Bamber case also shows how a deficit of accuracy
like the dishonest information given to the police about Bamber’s relationship with his parents, only lead to
further complications and contradictions further down the case, which could cause the termination of a court
proceeding. In addition to this, a lack of security as well as the improper search of the white farm crime scene
may have caused an unreliability of evidence which could have potentially marked the prosecutions use of it as
inadmissible if checked more in depth.

As a whole, evidence is generally dependable when it is collected in an unbiased manner and without
contamination by impartial individuals throughout case. However, in this particular instance, Bamber's verdict
may be deemed invalid due to the substantial influence of biased individuals, the input of the media,
mishandling of evidence, and information obtained through Jeremy’s dishonesty. Since there is no substantial
evidence that he actually killed his adoptive family, it is possible that he was convicted in a mistrial.

Trial Transcripts can be defined as an in-depth written and recorded account of every word stated during a
court trial, by attorneys, witnesses, defendants, judges and the prosecution. At first stenographers transcribed
trial transcripts with a kind of shorthand but were later specialised into stenotype machine. Presently however,
courts use DARTS, (the digital audio recording transcription and storage system).Hearings conducted by the
crown court may obtain a refusal of trial transcripts if it is confidential , and