Evidence and Findings of Fact

Module 1 — The Judicial Function in Assessing Evidence

This module introduces the Judge’s responsibility to assess evidence presented in proceedings according to the applicable Court framework. The Judge must distinguish evidence from assertion and assess the material placed properly before the Court.

Module 2 — Relevance, Reliability and Weight

Students learn to consider whether evidence is relevant to an issue, whether it is sufficiently reliable to assist the Court, and what weight it should receive. These are distinct questions and should not be collapsed into a single assumption.

Module 3 — Direct, Circumstantial and Documentary Evidence

This module introduces different forms of evidence and the need to assess each according to the applicable rules. Documentary and other recorded material must be considered in context, including questions of authenticity and evidential weight where relevant.

Module 4 — Witness Evidence and Credibility

Students learn that witness evidence must be assessed carefully rather than accepted or rejected solely on personal impression. Consistency, corroboration, circumstances of observation and other relevant considerations may affect the assessment of testimony.

Module 5 — Making Findings of Fact

Students learn how to distinguish established facts from disputed allegations and how to make findings based on the evidence properly before the Court. Findings should identify the evidence supporting the conclusion and should not rely on unsupported assumptions.

Module 6 — Explaining Findings in a Judgment

Students learn how findings of fact should be connected to the legal issues and the final decision. A judgment should explain material findings clearly enough that the parties and any applicable review process can understand the evidential basis for the Court’s conclusions.

Knowledge Test

1. What is a Judge required to assess when considering evidence?

Only which party presented it The evidence according to the applicable Court framework and its relevance to the issues Only evidence that supports the prosecution Personal opinions about the parties

2. What is the difference between relevance and weight?

They are exactly the same Relevance concerns whether evidence bears on an issue, while weight concerns how much reliance it should receive Weight means evidence is automatically true Relevance means evidence must be accepted

3. How should a Judge approach documentary evidence?

Automatically accept every document Assess it according to the applicable rules, including relevant authenticity and evidential considerations Ignore all documents Accept documents only if personally preferred

4. Should witness evidence be accepted or rejected solely because of a personal impression of the witness?

Yes No Only in every criminal case Only when the hearing is remote

5. What is a finding of fact?

A personal opinion unrelated to evidence A conclusion about a factual matter reached from the evidence properly before the Court A new Treaty provision A sentencing rule

6. What should a Judge avoid when making findings of fact?

Considering relevant evidence Distinguishing disputed allegations from established facts Relying on unsupported assumptions Explaining the evidential basis for material findings

7. Why should material findings of fact be explained in a judgment?

So the evidential basis of the decision can be understood and reviewed where applicable So the parties can choose the findings themselves So evidence no longer matters So the Judge can avoid giving reasons

8. Which sequence best reflects disciplined judicial fact-finding?

Personal preference → conclusion → evidence Identify the issue → assess relevant evidence → make the factual finding → explain the basis for it Conclusion → ignore contradictory evidence Witness statement → automatic acceptance