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Chapter

This chapter discusses the adverse inferences that may be drawn against an accused from: his failure to testify; his failure, when questioned or charged, to mention facts which he could reasonably have been expected to have mentioned at that time and which he later relies on in his defence at trial; his failure or refusal, on arrest, to account for any object, substance or mark that the police reasonably believe may be attributable to his participation in the commission of an offence; his refusal to consent to the taking of an intimate sample, such as a sample of blood, semen, or urine; and his failure to provide advance disclosure of the defence case, the nature of his defence or the facts on which he takes issue with the prosecution.

Chapter

This chapter discusses the adverse inferences that may be drawn against an accused, and why, from: his failure to testify; his failure, when questioned or charged, to mention facts which he could reasonably have been expected to have mentioned at that time and which he later relies on in his defence at trial; his failure or refusal, on arrest, to account for any object, substance or mark that the police reasonably believe may be attributable to his participation in the commission of an offence; his refusal to consent to the taking of an intimate sample, such as a sample of blood, semen, or urine; and his failure to provide advance disclosure of the defence case, the nature of his defence or the facts on which he takes issue with the prosecution.

Chapter

To require evidence to be called to prove every single matter requiring proof in a trial would serve no useful purpose and lead to the unnecessary prolongation of trials. On occasion, therefore, a matter may be regarded as proved even though no evidence has been adduced to prove it in the normal way. Chapter 14 examines three devices used in the law of evidence to achieve this. These are formal admissions, judicial notice, and presumptions.

Chapter

To require evidence to be called to prove every single matter requiring proof in a trial would serve no useful purpose and lead to the unnecessary prolongation of trials. On occasion, therefore, a matter may be regarded as proved even though no evidence has been adduced to prove it in the normal way. Chapter 14 examines three devices used in the law of evidence to achieve this. These are formal admissions, judicial notice, and presumptions.

Chapter

This chapter takes up the discussion from the previous chapter by exploring the bad character of the accused. This subject matter is almost wholly governed by certain provisions in the Criminal Justice Act 2003. Thus, the chapter first considers the nature of the problem of the admission of evidence of the bad character of the accused; then attempts at reform, at common law, by recommendations of law reform bodies, and by legislation; an indication of the principal forms of continuing dissatisfaction; and finally the intentions and techniques designed to remedy them. Next, the chapter considers the structure of the bad character provisions from the 2003 legislation and the gateways it provides for admissibility. Finally, this chapter concludes with a brief appraisal of the 2003 act.

Chapter

This chapter discusses the rules governing which party bears the legal and evidential burdens on which facts in issue. These rules can determine the eventual outcome of proceedings; determine which party has the right to begin adducing evidence in court; in what circumstances a defendant, at the end of the case for the prosecution, or claimant, may make a successful submission of no case to answer; and how the trial judge should direct the jury. The chapter begins by defining and distinguishing the legal, evidential, and other burdens, and then considers in detail which burden is borne by each of the parties on the various facts in issue in any given case. The chapter also considers the standard of proof in criminal proceedings where the burden is on the prosecution and on the accused. The standard of proof in civil proceedings is also considered.

Chapter

This first part of the chapter discusses the concept of burden of proof, covering the legal or persuasive burden of proof; the evidential burden; the effect of presumptions on the burden of proof; the legal burden of proof in civil cases; the evidential burden in civil cases; the burden of proof in criminal cases; defence burdens of proof before Lambert; defence burdens of proof after Lambert; and the burden of proof of secondary facts. The second part of the chapter discusses the standard of proof, covering standard of proof required of prosecution in criminal cases; standard of proof required of defence; standard of proof of secondary facts; the standard of proof in civil cases; and the standard of proof in matrimonial and family cases.

Chapter

This chapter discusses the rules governing which party bears the legal and evidential burdens on which facts in issue. These rules can determine the eventual outcome of proceedings; determine which party has the right to begin adducing evidence in court; in what circumstances a defendant, at the end of the case for the prosecution, or claimant, may make a successful submission of no case to answer; and how the trial judge should direct the jury. The chapter begins by defining and distinguishing the legal, evidential, and other burdens, and then considers in detail which burden is borne by each of the parties on the various facts in issue in any given case.

Chapter

Chapter 2 is divided into two parts. The first part is concerned with the manner in which a dispute as to which party bears the burden of proving a particular issue in a trial should be resolved. The question may arise in a criminal trial as to whether it is the prosecution or defence which bears the burden of proving a certain issue, and in a civil trial as to whether it is the claimant or defendant who bears the burden of proving a certain issue. The second part focuses on the standard to which the burden of proving a particular issue requires to be discharged.

Chapter

Chapter 2 is divided into two parts. The first part is concerned with the manner in which a dispute as to which party bears the burden of proving a particular issue in a trial should be resolved. The question may arise in a criminal trial as to whether it is the prosecution or defence which bears the burden of proving a certain issue, and in a civil trial as to whether it is the claimant or defendant who bears the burden of proving a certain issue. The second part focuses on the standard to which the burden of proving a particular issue requires to be discharged.

Chapter

This chapter considers the burdens borne by both parties when an issue of fact is at stake. It explains how the nature of a burden in the law of evidence is obscured by the use of the term in a number of different senses. The two principal senses are the burden of adducing evidence and the burden of proving facts. In relation to each, questions arise as to its incidence and discharge. The chapter considers the allocation of the burden in these two senses, at common law and under statutory provisions, and the effects of presumptions of law or agreement of the parties. Finally, this chapter is concerned with the extent of the two burdens, and the way in which the burden of proof has to be explained to the jury.

Chapter

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: issue and credit; the concept of ‘credibility’; bringing out the character of the parties and their witnesses; and evidence of the defendant’s good character. Evidence introduced to illuminate someone’s character is a fairly common feature in both civil and criminal trials. According to the context, however, it may fulfil different purposes. Notably, it may serve as a potential indicator of whether or not someone is likely to be a truthful witness.

Chapter

Chapter 10 begins with a discussion of the relevance of evidence of character. It then deals with the admissibility of character evidence in civil and criminal proceedings. In civil cases, the admissibility of evidence of a party’s bad character is governed simply by the test of relevance. In criminal proceedings, the entitlement of a defendant to a direction on the significance of his or her good character is taken seriously. The Criminal Justice Act 2003 now provides a comprehensive statement of the law on evidence of bad character in criminal proceedings.

Chapter

Chapter 10 begins with a discussion of the relevance of evidence of character. It then deals with the admissibility of character evidence in civil and criminal proceedings. In civil cases, the admissibility of evidence of a party’s bad character is governed simply by the test of relevance. In criminal proceedings, the entitlement of a defendant to a direction on the significance of his or her good character is taken seriously. The Criminal Justice Act 2003 now provides a comprehensive statement of the law on evidence of bad character in criminal proceedings.

Chapter

14. Character evidence I  

Character evidence generally; in civil cases; evidence of good character

This chapter is divided into three sections. The first section discusses the uses and development of character evidence from the common law through to the codification provided by the Criminal Justice Act 2003. The second section deals with evidence of character in civil cases, covering defamation cases; evidence of good character; and evidence of bad character. The third section focuses on evidence of good character in criminal cases, including the important case of Hunter [2015] 1 WLR 5367, and covers admissibility and methods of proof; kinds of evidence permitted; rebuttal of evidence of good character; and evidential value of evidence of good character.

Chapter

15. Character evidence II  

Evidence of bad character

This chapter discusses the evidence of bad character in criminal cases since the abolition of the common law rules relating to it. It covers the definition of bad character under ss. 98 and 112 of the Criminal Justice Act 2003; evidence of bad character of accused and the admissible gateways under s. 101; evidence of bad character of persons other than accused under s. 100; safeguards in relation to evidence of bad character under s. 103; and other statutory provisions dealing with bad character, in particular those dealing with sexual history questioning: s. 41 of the Youth Justice and Criminal Evidence Act 1999.

Chapter

This chapter examines the evidence of the character of parties, witnesses, and third parties. Evidence of character has never been a model of coherence or clarity either at common law or under statute. It is complex, both in the connotation and means of proof of the concept of character, and in the variety of contexts in which it arises. The concept embraces both disposition, commonly described as propensity, to act in a relevant way, and sometimes the means of proof of such relevant disposition, either through reputation, the expressed belief of others of the subject's disposition, or of acts of the subject from which such disposition may be inferred. It may be relevant in any form of proceedings, and at any stage of a trial.

Chapter

This chapter discusses the admissibility of confessions under the Police and Criminal Evidence Act 1984 (the 1984 Act). It considers how, under s 76(2) of the 1984 Act, confessions may be excluded as a matter of law where obtained by oppression or in consequence of something said or done which was likely to render any such confession unreliable. It also considers the discretion to exclude confessions under s 78(1) of the 1984 Act; the effect of breaches of the Codes of Practice issued under the 1984 Act; the voir dire; statements made in the presence of the accused; and facts discovered in consequence of inadmissible confessions.

Chapter

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: what constitutes a ‘confession’ under the Police and Criminal Evidence Act 1984 (PACE), s 82(1)?; when an accused’s silence may amount to an admission at common law, whether a denial can ever amount to a ‘confession’ under PACE, s 82(1); the conditions of admissibility of confessions under PACE; confessions made by mentally handicapped persons (PACE, s 77); the admissibility of evidence discovered in consequence of an inadmissible confession; using an inadmissible confession to show that the accused speaks, writes, or expresses himself in a particular way; the status of ‘mixed statements’; an accused’s admission is not normally evidence against other co-accused; an accused’s right to use his co-accused’s confession (PACE, s 76A); admissibility of confessions by third parties.

Chapter

This chapter discusses the admissibility of confessions under the Police and Criminal Evidence Act 1984 (the 1984 Act). It considers how, under s 76(2) of the 1984 Act, confessions may be excluded as a matter of law where it is represented that a confession has been obtained by oppression or in consequence of something said or done which was likely to render it unreliable. It also considers the discretion to exclude confession under s 78(1) of the 1984 Act; the effect of breaches of the Codes of Practice issued under the 1984 Act; the voir dire; statements made in the presence of the accused; and facts discovered in consequence of inadmissible confessions.