TOPIC ONE

INTRODUCTION TO LEGAL RECORDS

Prepared by
Prisca Chacha.
INTRODUCTION
While all records can be used as evidence, and so have a legal value, some
records are generated specifically from the legal process: from the work of
the courts, the police and public prosecutors. This module outlines the care
of those records created by the institutions of the judiciary, police and
public prosecutors.

This topic introduces the concept of legal records and discusses the
importance of efficient and careful management of these records throughout
their life
Definition
Legal records may be defined as those records generated specifically from the legal
processes; from the work of the courts, the police and public prosecutors.
Twining and Quick (1994:20), opine that, “any precise definition of legal records
is bound to be both artificial and arbitrary, this allows for a desirable flexibility in
determining what should be treated as court records for particular purposes in
given contexts’’. The Scotland Freedom of Information Act (1992:2) indicates that
legal record contain, “a range of documents that form part of a court record,
including indictments (documents setting out charges in criminal cases), written
pleadings outlining the arguments to be put before the court, citations,
specifications of documents, skeleton
Definition of terms
Admissibility: The quality of evidence that makes it relevant and acceptable to an


issue before the court and does not infringe any exclusionary rule (a matter of law).

Best evidence rule: The legal rule that identifies two types of evidence: primary


evidence, or that evidence that by its very nature is the best available, and secondary

evidence, or that evidence that by its very nature suggests that better evidence may

be available.

Documentary evidence: Documents admitted as evidence under special rules of



law.
Definition cont….
 Privilege: Exclusionary rules (such as professional privilege) that allow a

party to refuse to reveal certain confidential communication to a court or

person.
 Real evidence: Material objects (things) produced for the inspection of the

court.
 Relevance: The quality of evidence that makes it sufficiently relevant to the

issue before the court to be considered acceptable. Note: Not all relevant

evidence is admissible.
Definition cont…
 Testimony: The evidence of facts provided by a witness, when the witness

has personal knowledge of the facts or events.

 Weight: The degree of relevance or importance of evidence
Types of legal records
Criminal Court
 decide if a person has committed a criminal wrong (civil wrongs are

handled in civil court)

 decide the legal penalty if a person has committed a wrong

 rule on matters of law in relation to judicial proceedings

Types cont…
Police
 investigate reported crimes

 arrest suspected offenders

 gather evidence

 conduct the prosecution of minor offences

Types cont…
Public Prosecutors
 conduct the prosecution of major offences

 advise law officers, police and government departments about criminal law

matters
Types…
Courts, police and prosecutors operate within a particular ‘jurisdiction’. The
term ‘jurisdiction refers to the power of a particular court to hear a case; the
term may also be used to identify those courts with authority in particular
matters. Jurisdiction is determined by factors such as the type of case
(whether civil or criminal), the amount of money involved, the location of
dispute, the offence in question, and so on
 Key principles of legal records care
INTRODUCTION

In general, all public sector records result from interactions between private
citizens and official authorities. In particular, legal records created or used
by public sector agencies can affect the rights and obligations of all parties
involved. Thus the following principles must be recognised when caring
for legal records.
Principles…..
Legal Rights and Record Keeping
One of the most important legal concepts in a society is that of rights and
duties. All people have rights and obligations. All organisations, agencies
and governments also have rights and duties. All areas of law can be
interpreted in the light of rights and duties. Legal records – and indeed all
records – should be cared for in order to protect a legally authentic and
usable record
Principles cont…
Privacy, Access and Record Keeping

The right of the public to access records is closely tied to the legal and political

notions of the sovereignty of the people. Another ‘right’ that has emerged is that

of privacy. A record-keeping system within a legal environment should ensure

information about individuals is maintained in a secure environment, so their

privacy is not violated. At the same time, provision must be made to ensure that

some personal information can be retained for evidential, informational or

research reasons once it has served its original purpose.

Principles cont…
Ownership, Property Rights and Record
Keeping
It is basic to most legal systems that ownership and property rights may be
given away, sold or assigned. The concept of the sanctity of private
property has evolved in Western legal systems; record-keeping systems
need to protect that information required to prove property rights, not only
for physical property but also for intellectual property and copyright.
Principles cont…
Negligence and Record Keeping
Record-keeping systems that provide evidence of consistent and routine
procedures may protect a party in a negligence claim, by showing that
proper procedures were followed throughout any particular process. It may
be legal for a public body to destroy records that are beyond their statutory
retention period, but a good record‑keepings''' system will ensure that
evidence is retained as required to prove the organisation has acted
appropriately
Principles cont…
Rules of Evidence and Record Keeping

Records are not created for the express purpose of being used in potential legal
proceedings. However, the reliability and authenticity of records generated
from business processes support and are supported by the rules of evidence:
the requirements for admissibility of information in a court of law. The rules
of evidence provide one of the strongest general legal mandates for record
keeping because the rules require that information be managed appropriately
IMPORTANCE OF CARING FOR LEGAL RECORDS
Legal records are very sensitive to the core operations of any organization or
country. In this case therefore they should be effectively cared for. This sub
enabling outcome therefore outlines the importance of caring for legal
records.
Importance…
 Legal records document activities and so may serve as admissible evidence

in a court of law. therefore it is very important to care for the legal records
because they serve as evidence of the rights and obligations of individuals,

organizations, and governments.

 Legal records provide proof of the activities of the organizations or persons

within the country. If legal records are not created, maintained and made
accessible governments and citizens may be un able to enforce their rights
Importance cont…
 Legal records document the responsibilities of the parliament, government

and ultimately the citizens of the country.

 They contribute to accountability in organisations and in government

 Records are fundamental to the efficient and effective operation of the

legal system of a country and perhaps are even more crucial to the
administration of law than to any other function of the public sector
EXAMPLES
If the police force cannot find the previous records of a habitual criminal
before he or she is brought to trial, the criminal may be sentenced as a first-
time offender, possibly endangering the public in future when he or she is
free to reoffend. Similarly, if court staff cannot locate the case papers
relating to a trial, an appeal against conviction may be delayed, even
indefinitely, and justice may not be done to a citizen who was wrongly
convicted