TOPIC ONE

INTRODUCTION TO LEGAL RECORDS

12/23/2024
Introduction
While all records can be used as
evidence, and so have a legal value, some
records are generated specifically from
the legal process: from the work of the
courts, the police and public prosecutors

12/23/2024
Intro cont…..
This module outlines the care of those
records created by the institutions of the
judiciary, police and public prosecutors.

12/23/2024
 Definition
Legal records are defined as
recorded information that are
generated from the legal process
undertaken by court

( judiciary), the police and public

prosecutors.
12/23/2024
OR
Legal records are those
records generated specifically
from legal process or matter.
They provide proof of the activities of the
organizations or persons within the
country.

12/23/2024
Intro cont……
In legal context the term records has been

rooted in the medieval Latin word “

recordum” which means the testimony o f
witness.
Hence a record come to mean a text of

evidential weight.

12/23/2024
Terms related to legal records
Admissibility: The quality of evidence
that makes it relevant and acceptable to an
issue before the court and does not
infringe any exclusionary rule (a matter of
law).

12/23/2024
Terms cont…
Best evidence rule: The legal rule that identifies two
types of evidence: primary evidence, or that evidence that
by its very nature is the best available, and secondary
evidence, or that evidence that by its very nature suggests
that better evidence may be available.

12/23/2024
Terms cont…..
Privilege: Exclusionary rules (such as
professional privilege) that allow a party to
refuse to reveal certain confidential
communication to a court or person.
Real evidence: Material objects (things)
produced for the inspection of the court.
12/23/2024
Terms cont……
Documentary evidence: Documents
admitted as evidence under special rules
of law.
Relevance: The quality of evidence that makes it
sufficiently relevant to the issue before the court to be
considered acceptable.

Note: Not all relevant evidence is admissible.

12/23/2024
Terms cont….
Testimony: The evidence of facts provided

by a witness, when the witness has

personal knowledge of the facts or events.
Weight: The degree of relevance or

importance of evidence
12/23/2024
Sources of legal records….
Criminal Court / The court of law.
Decide if a person has committed a criminal

wrong (civil wrongs are handled in civil

court)
Decide the legal penalty if a person has

committed a wrong
12/23/2024
Sources cont…
Rule on matters of law in relation to
judicial proceedings.

12/23/2024
Sources cont….
Police .
Investigate reported crimes

Arrest suspected offenders

Gather evidence

Conduct the prosecution of minor offences

12/23/2024
Sources cont……
Public Prosecutors .
Conduct the prosecution of major offences

Advise law officers, police and government

departments about criminal law matters.

12/23/2024
Types of legal records.
a) Finger print. Finger sign of a an offender.

b) Summons. A document which calls someone before the

court of law or police.

c) Crime report. A document which shows a report on a

particular crime.

12/23/2024
Types cont….
d) Arrest warrant. A document which arrant
someone to arrest an offender.

e) RB. Register Book

f)Charge sheet. document which shows someone crimes

that made him/her to be brought before the court of law.

12/23/2024
Types cont….
PF3. Police Form no 3.It assist an injury
person to get treatment in the hospital.

12/23/2024
Key principles of legal records care.
In general, all public sector records result
from interactions between private citizens
and official authorities. In particular,
legal records created or used by public
sector agencies can affect the rights and
obligations of all parties involved.

12/23/2024
Principles cont…
Thus the following principles must be
recognised when caring for legal records;-

12/23/2024
Principles cont….
Legal Rights and Record Keeping.

One of the most important legal concepts in

a society is that of rights and duties. All
people have rights and obligations. All
organisations, agencies and governments
also have rights and duties.

12/23/2024
Principle cont…..
All areas of law can be interpreted in the
light of rights and duties. Legal records –
and indeed all records – should be cared
for in order to protect a legally authentic
and usable record.

12/23/2024
Principles cont……
Privacy, Access and Record Keeping.

The right of the public to access records is

closely tied to the legal and political notions of

the sovereignty of the people. Another ‘right’

that has emerged is that of privacy. Information

12/23/2024
Principles cont….
about individuals is maintained in a secure
environment, so their privacy is not
violated. At the same time, provision
must be made to ensure that some
personal information can be retained for
evidential, informational or research
reasons once it has served its original
purpose.
12/23/2024
Principles cont….
Ownership, Property Rights and
Record Keeping
It is basic to most legal systems that ownership and property
rights may be given away, sold or assigned.

12/23/2024
Principles cont….
The concept of the sanctity of private property has
evolved in Western legal systems; record-keeping systems
need to protect that information required to prove property
rights, not only for physical property but also for
intellectual property and copyright.

12/23/2024
Principles cont…

Negligence and Record Keeping

Record-keeping systems that provide evidence of consistent
and routine procedures may protect a party in a negligence
claim, by showing that proper procedures were followed
throughout any particular process.

12/23/2024
Principles cont….
It may be legal for a public body to
destroy records that are beyond their
statutory retention period, but a good
recordkeeping's''' system will ensure that
evidence is retained as required to prove
the organisation has acted appropriately

12/23/2024
Principles cont….
Rules of Evidence and Record Keeping

Records are not created for the express purpose of being used in
potential legal proceedings. However, the reliability and
authenticity of records generated from business processes support
and are supported by the rules of evidence:

12/23/2024
Principles cont….
The requirements for admissibility of information in a
court of law. The rules of evidence provide one of the
strongest general legal mandates for record keeping
because the rules require that information be managed
appropriately

12/23/2024
Importance of caring for legal records.
Legal records are very sensitive to the
core operations of any organization or
country. In this case therefore they should
be effectively cared for.

12/23/2024
Significance cont…
This sub enabling outcome therefore
outlines the importance of caring for legal
records.

12/23/2024
Significant cont….
Legal records document activities and
so may serve as admissible evidence in a
court of law. Therefore it is very
important to care for the legal records
because they serve as evidence of the
rights and obligations of individuals,
organizations, and governments.

12/23/2024
Significance cont..
Legal records document the responsibilities of the
parliament, government and ultimately the citizens of the
country.
Legal records provide proof of the activities of the
organizations or persons within the country. If legal
records are not created, maintained and made accessible
governments and citizens may be un able to enforce their
rights.

12/23/2024
Significance cont….
Legal records enforce and supports the
agency’s laws or binding rules eg the
court, public prosecutors or police.

12/23/2024
Significance cont….
Act as reference to various cases eg in
countries using common law system
whereby depends on precedent and
continuity which requires past decision to
be understood and applied in similar
circumstances.

12/23/2024
Significance cont…..
They contribute to accountability in
organisations and in government.
Records are fundamental to the
efficient and effective operation of
the legal system of a country and
perhaps are even more crucial to the
administration of law than to any
other function of the public sector
12/23/2024
Significance cont….
Essential for protection of human rights
in the court of law ( Justice ).
Essential for continuation of previously
cases in case of appeal.( viewing how the
previously cases was judged).

12/23/2024