Define: Evidence Of Untruthfulness

“Evidence of Untruthfulness” refers to various indicators or proof that someone may not be telling the truth. This evidence can come in different forms, such as inconsistencies in their story, contradictions with known facts, body language cues suggesting deception, or witness testimonies that challenge their credibility. Detecting and analysing these signs is crucial in investigations, court proceedings, or everyday interactions where truthfulness is essential. Recognising evidence of untruthfulness can help in assessing the reliability of information and making informed decisions.

In criminal trials, the defendant does not always tell the truth. There is, in general, no objection to the prosecutions’ introducing evidence that shows that something the defendant said was untrue. For example, if the defendant claimed to be elsewhere at the time of the offence, the prosecution will normally be allowed to call a witness to testify that he saw the defendant at the scene of the crime.

A more difficult problem is to what extent evidence is admissible to show a general propensity to be untruthful. Such evidence is a species of evidence of bad character, and at common law, it is rarely admissible.

Under the Criminal Justice Act (2003) (still in force at the time of writing), evidence of the defendant’s bad character, including untruthfulness, could be adduced in cross-examination (if the defendant testified), if the defendant put his own good character in issue (see putting character in issue), if he testified against a co-defendant, or if he made an attack on another person’s character.

The scope for admissibility of evidence showing a propensity to be untruthful will be substantially increased by the Criminal Justice Act (2003). s.103(1)(b) admits evidence that goes to the question

whether the defendant has a propensity to be untruthful, except where it is not suggested that the defendant’s case is untruthful in any respect

There is a presumption in favour of such evidence being admitted, with a discretion to exclude it under 101(3) if it would have an adverse effect on proceedings.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 11th April 2024.