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Continuity of Exhibit

Definition

The principle, applied in English and Welsh courts and reflected in PACE Code B, that an exhibit must be shown to have been in uninterrupted or adequately explained custody from seizure to court. Loss of continuity is one of the most common grounds for challenging physical evidence.

Jurisdiction
England and Wales
Governing rule
PACE Code B
Common challenge
Broken or unexplained gap in custody
Applies to
Physical exhibits seized as evidence

Common questions

What happens in court if continuity of an exhibit is broken?+

A break does not automatically exclude the exhibit, but it opens the door for the defence to argue the item may have been altered, contaminated, or mixed up, weakening the weight a jury should give it.

Who is responsible for maintaining continuity of an exhibit?+

Every person who handles the item, from the seizing officer through the laboratory to the court, is responsible for logging their transfer with date, time, and the item's condition at handover.

Related terms

Admissibility
Whether a piece of evidence is permitted to be placed before the fact-finder at all. Admissibility is a threshold question, decided by...
Authentication
The process of establishing that a document is what it purports to be. Under the US FRE Rule 901, the proponent must...
Chain of Custody
The documented chronological record of who collected, handled, transferred, and examined a piece of evidence. For digital evidence, chain of custody includes...
Probative Value
The strength of the evidence's tendency to prove or disprove a fact in issue. High probative value means the evidence substantially changes...
Weight of Evidence
The persuasive value the fact-finder assigns to evidence after it has been admitted. Weight is a jury or magistrate question, not a...

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