The relevance of relevance: a theoretical, doctrinal, and empirical review of evidential relevance in the criminal courts

Hernandez, Polly (2026). The relevance of relevance: a theoretical, doctrinal, and empirical review of evidential relevance in the criminal courts. University of Birmingham. Ph.D.

Hernandez2026PhD_Redacted.pdf
Text - Redacted Version
Available under License All rights reserved.
Download (1MB)

Abstract

This thesis examines the requirement that all pieces of criminal evidence must be regarded as ‘relevant’ before being admitted in criminal trials. This research is a wide-ranging review of evidential relevance and an important foundation towards a normative debate on what relevance is and how it is applied in the criminal courts. To do this, this thesis analyses relevance on three distinct levels: theoretical, doctrinal, and empirical. The theoretical investigation of relevance explores academic framings of relevance and the different representations of relevance in decision-making processes. An analysis of appellate case law then informs an investigation of relevance on a doctrinal level, to consider the ways in which relevance has been conceptualised and operationalised in the appellate courts. An empirical insight into relevance is then drawn from primary data gathered as part of this project, from interviews conducted with 20 criminal barristers on their views and approaches to decision-making on evidential relevance in criminal trials, and their understanding of relevance in practice. This wide-ranging review of evidential relevance is the first research endeavour of its kind, and the first to engage directly with barristers on their decision-making on this fundamental and consequential evidential device. Keith Hawkins’ theoretical framework of ‘Surround, Field and Frame’ is adopted as an analytical tool throughout this thesis, permitting the analysis of multi-layered approaches to decision-making, and the examination of the multitude of factors that impact interpretations of relevance. The thesis demonstrates how relevance is a highly dynamic and innately relational concept that is far more complex and nuanced than is typically appreciated by academics and practitioners alike. The review of relevance undertaken here shows that the ways relevance is understood and used can be highly internalised, rather than deliberative, making the decision-making processes susceptible to a range of legal and non-legal influences. Relevance as an evidential concept is highly impactful in the trial process and it is imperative that we have as comprehensive an account of relevance as is possible. This thesis provides context, substance, and detail to that important end.

Type of Work:

Thesis (Doctorates > Ph.D.)

Award Type:

Doctorates > Ph.D.

Supervisor(s):