>[!INFO] What is an exhibit? >An exhibit is simply put: an item being produced for inspection by the court. # Documents >[!NOTE] Copies of documents >Section 47 of the Evidence Act 2008 provides that a 'document in question' can be a 'copy of the document in question.' In plain English: the court accepts modern technology and that a copy of a document is virtually the same as an original. A [[Document]] can include (and is not limited to): - Anything which has *writing* on it; or - Anything with *marks*, *figures*, *symbols* or *perforations* that can be interpreted; or - Anything from which *sounds*, *images*, or *writings* can be reproduced; or - A *map*, *plan*, *drawing*, or *photograph*. The [[Evidence Act 2008|Evidence Act 2008]] clearly defines what a document in. Practical examples of what a document is: - A DVD Record of Interview; or - CCTV (being that it is a series of *images*); or - A CCTV still signed by the accused (essentially, an admission of identity); or - A bank statement provided by the victim; or - Any photograph taken by a Crime Scene Officer Ultimately, the list is endless and it is better to [[Document|refer to the base definition]] within the Evidence Act 2008. ## Voluminous Documents >[!EXAMPLE] Voluminous Document >A large amount of CCTV capturing offending, such as 50,000 still images, each captured at approximately 3 seconds apart. > >An application can be made to use a summary of this document, in the form of the images being stitched together into a video that runs for approximately 3 minutes. If a document is a *voluminous document*, then [[Section 50 - Proof of voluminous or complex documents|Section 50 of the Evidence Act 2008]] permits a party to make an application to adduce evidence in the form of a summary. - A party **applies** to the Court under s. 50; and - They have to **serve a copy** of the summary on every other party; and - That summary has to include the **name** and **address** of the person who compiled it; and - They have to give the other parties a **reasonable opportunity to examine or copy it**; and - The **opinion rule doesn't apply** to evidence adduced via s. 50. # Adducing Exhibits In prosecuting a person, Prosecutions must adduce the exhibits via witnesses. The process is best followed by: - **Show**: "Your Honour, I ask this item to be shown to the witness / Your Honour, may the witness be shown Exhibit B?" - **Identify**: "*Witness*, please tell the court what I had just handed you." - **Verify**: "*Witness*, where did you first see this item?" - **Tender**: "Your Honour, I tender this as an exhibit." >[!CAUTION] Tender vs Identification >Only the witness that found the exhibit can tender the exhibit. However, you might call other witness first and still want to show exhibits. > >In these cases, the first mention of the exhibit you would ask the court: > >"Your Honour, may this exhibit please be marked for identification." > >A letter is then assigned to it, but you do not tender it until the person who seized that exhibit is finally called. Authenticity means to prove an exhibit's origin. For example, if a person takes a photograph, they must prove that it was taken and explain it's relevance.