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Obtaining Evidence

In a criminal case, the prosecution has to prove every element of an offence beyond reasonable doubt. A single piece of evidence may not prove the case conclusively, but, taken together, many pieces of evidence may.

Types of evidence

Evidence from suspects

Unless a law or court order it, people don’t have to say anything which could be used against them in court. The requirements for police interviews are outlined in the Victorian Crimes Act 1958, with other guidelines in the Victoria Police Manual.

Evidence from witnesses

Witnesses (including victims) may provide an eye witness account of events in a case, and sometimes an expert witness is required to give evidence.

Photographs, fingerprinting and other identification material

If you are over 15 years old and have been charged with an offence, you can be fingerprinted in Victoria. Suspects can also be photographed by police for identifying purposes. The Crimes Act covers consent for taking samples.

Body samples and forensic procedures

Police can ask a suspect to undergo a forensic procedure in some indictable (serious) cases. These procedures include hair or saliva samples or fingernail scrapes.

Forensic evidence collected from individuals or incident scenes

This evidence can include fibre traces, blood, hair or urine samples, gunshot residue, drugs, explosives, fingerprints, suspect documents and audio recordings. The Crimes Act covers what can be collected and its analysis, as well as how computerised databases and DNA matching can be used.