Practical Guide to Evidence / Edition 4

Practical Guide to Evidence / Edition 4

by Christopher Allen
     
 

ISBN-10: 041545719X

ISBN-13: 9780415457194

Pub. Date: 09/25/2008

Publisher: Taylor & Francis

Practical Guide to Evidence provides a clear and readable account of the law of evidence, acknowledging the importance of arguments about facts and principles as well as rules.

The fourth edition has been revised and updated to address the radical changes brought about by the Criminal Justice Act 2003, particularly in relation to hearsay, character

Overview

Practical Guide to Evidence provides a clear and readable account of the law of evidence, acknowledging the importance of arguments about facts and principles as well as rules.

The fourth edition has been revised and updated to address the radical changes brought about by the Criminal Justice Act 2003, particularly in relation to hearsay, character evidence and opinion evidence and to expand coverage of the Human Rights Act 1998.

Particular attention is given to changes made by the revised Codes of Practice, and to the growing body of case law on topics such as reverse burden of proof, the cross-examination of rape victims, evidence obtained by entrapment, and silence in the face of police questioning.

Now including enhanced pedagogical support such as chapter summaries, further reading advice and boxed examples, this leading textbook can be used on both undergraduate and professional courses.

Product Details

ISBN-13:
9780415457194
Publisher:
Taylor & Francis
Publication date:
09/25/2008
Edition description:
REV
Pages:
528
Product dimensions:
6.14(w) x 9.21(h) x 0.47(d)

Table of Contents

Preface to the Fourth Edition vii

Extract from Preface to the First Edition ix

Table of Cases xv

Table of Statutes xlvii

Table of Statutory Instruments lxi

Table of European Legislation lxiii

1 Introduction 1

Introduction 1

Evidence and proof 2

Defining evidence 6

Relevance, weight and admissibility 7

Some terminology 24

Three important characteristics of evidence law 29

The functions of judge and jury 33

The European Convention on Human Rights 35

2 Development and Current Objectives 43

Introduction 43

Development 44

Current objectives 51

3 Documentary and Real Evidence 57

Documentary evidence 57

Real evidence 61

4 Facts not Requiring Proof 67

Introduction 67

Formal admissions 67

Judicial notice 70

Use of personal knowledge 81

5 Competence and Compellability 87

Defendants in criminal cases 89

Spouses and civil partners of defendants in criminal cases 94

Children 97

Persons of defective intellect 100

6 The Course of Testimony 103

Examination-in-chief 104

Cross-examination 107

Re-examination 128

Refreshing memory 128

Previous statements of a witness 131

Hostile witnesses 140

Collateral questions and evidence in rebuttal 142

Protecting vulnerable or intimidated witnesses 143

7 Burden and Standard of Proof and Presumptions 147

Introduction 147

The evidential burden 148

The burden of proof 150

The standard of proof 175

Presumptions 178

8 The Rule against Hearsay 189

Scope of the rule 189

Justifications for a rule against hearsay 202

9 Hearsay Exceptions 207

Introduction 207

Hearsay admissible by sections 116 and 117 208

Preserved common law exceptions 219

The 'safety-valve'231

Supplementary provisions 233

Hearsay and human rights 235

Case study: Maher v DPP 238

10 Hazardous Evidence 241

Discretionary care warnings 244

Defendants' lies 246

Identification and Turnbull guidelines 251

Identifications inside and outside court 257

11 Confessions and III-Gotten Evidence 267

Recognising the confession 270

Impact of a confession on the case as a whole 276

Excluding the confession 277

Section 78(1) of PACE 285

The common law discretion to exclude 303

Use of confessions by a co-defendant 303

Failure to answer questions or mention facts 304

The voir dire 314

12 Character Evidence 317

Introduction 317

Evidence of good character in criminal proceedings 322

Evidence of bad character in criminal proceedings 326

13 Opinion Evidence 367

When is opinion evidence admissible? 367

The basis of the opinion 372

Evidence from psychiatrists and psychologists 374

Conflicts of expert evidence 380

14 Judicial Findings as Evidence 383

Introduction 383

Convictions as evidence in civil cases 384

Convictions as evidence in criminal cases 389

Evidence of previous acquittals 400

15 Privilege and Public Interest Immunity 405

Introduction 405

Privilege 406

Public interest immunity 420

16 Estoppel 429

Introduction 429

Estoppel by previous judicial proceedings 430

Estoppel by deed 443

Estoppel by conduct 445

Bibliography 449

Index 459

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