The Modern Law of Evidence is well established worldwide and relied upon as a lucid, engaging and authoritative guide to the contemporary law of evidence. Straightforward and ...
The Modern Law of Evidence
is well established worldwide and relied upon as a lucid, engaging and authoritative guide to the contemporary law of evidence. Straightforward and practical in approach, it also provides concise analysis of the theory behind the law, with an emphasis on recent discussion and current topics. Coverage has been updated to cover all the latest important developments, including:
• the new Criminal Practice Directions that, in effect, implement the reforms recommended by the 2011 Law Commission Report on Expert Evidence in Criminal Proceedings, that expert opinion should be sufficiently reliable in order to be admitted in evidence;
Beghal v DPP, a majority decision of the Supreme Court on implied statutory abrogation of the privilege against self-incrimination;
• the Court of Appeal decision in R v Gurpinar on the approach to be followed when deciding whether the defence of loss of control can go to the jury;
• the Court of Appeal decision in R v Hunter, a major review and clarification of the principles governing evidence of the good character of the accused;
• the new Criminal Practice Directions designed to enable children and otherwise vulnerable witnesses to give the best evidence they can, which often entails departing radically from traditional cross-examination, especially in ‘putting one’s case’ and questioning on previous inconsistent statements;
• the Court of Appeal decision in R v Lubemba requiring ‘ground rules’ hearings in cases involving vulnerable witnesses;
• the Court of Appeal decision in R (Hicks) v Commissioner of Police of the Metropolis as to when UK courts are and are not bound to follow decisions of the European Court of Human Rights;
CF v The Security Service, the first reported case to consider the provisions of the Justice and Security Act 2013 on the closed material procedure in civil cases and to point out the problematic anomalies that they have created;
• the Court of Appeal decision in R v N, declining to follow R v Campbell, on when evidence of propensity to untruthfulness is admissible as relevant to credibility;
• the Presumption of Death Act 2013, under which the High Court may declare that a missing person is presumed to have died and make a finding as to the date of death; and
• the Court of Appeal decision in R v Brennan on whether expert opinion evidence should be accepted in uncontradicted.
The text of the new edition has also been informed by, and refers to, the many learned articles and other publications that have been written since the last edition.Other new features include: a new layout, with headings and sub-headings in colour, to facilitate navigation; a descriptive summary of the articles and other recommended additional reading material; and, for students, a number of problem and essay-type questions, note-form answers to which can be found on the accompanying Online Resource Centre, which will also continue to include updates to the text.Less