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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: the competence of witnesses in civil and criminal cases; the compellability of witnesses, and of the accused and the spouse or civil partner in criminal cases in particular; sworn and unsworn evidence; privileges enjoyed by certain categories of witness, focussing upon the privilege against self-incrimination, and legal professional privilege (in the form of both legal advice privilege and litigation privilege); and public interest immunity.

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: the competence of witnesses in civil and criminal cases; the compellability of witnesses, and of the accused and the spouse or civil partner in criminal cases in particular; sworn and unsworn evidence; privileges enjoyed by certain categories of witness, focusing upon the privilege against self-incrimination, and legal professional privilege (in the form of both legal advice privilege and litigation privilege); and public interest immunity.

Chapter

This chapter explains the two main sources of criminal law in the UK: legislation, that is, Acts of Parliament (or statutes), and case law. It discusses the process by which Acts of Parliament come into existence; European Union legislation and the European Convention on Human Rights; criminal courts in which cases are heard and the systems of law reporting; how to find legislation and case law using various online resources; and how to find the criminal law of overseas jurisdictions.

Book

Lisa Mountford and Martin Hannibal

Criminal Litigation offers a guide to the areas of criminal litigation covered in the Legal Practice Course. Making use of realistic case studies backed up by online documentation, the text combines theory with practical considerations and encourages a focus on putting knowledge into a practical context. The volume covers all procedural and evidential issues that arise in criminal cases. The more complex areas of criminal litigation are examined using diagrams, flowcharts, and examples, while potential changes in the law are highlighted. This edition has been fully revised to reflect the most recent law and practice in all aspects of criminal litigation.

Book

Martin Hannibal and Lisa Mountford

Criminal Litigation offers a guide to the areas of criminal litigation covered in the Legal Practice Course. Making use of realistic case studies backed up by online documentation, the text combines theory with practical considerations and encourages a focus on putting knowledge into a practical context. The volume covers all procedural and evidential issues that arise in criminal cases. The more complex areas of criminal litigation are examined using diagrams, flowcharts, and examples, while potential changes in the law are highlighted. This edition has been fully revised to reflect the most recent law and practice in all aspects of criminal litigation.

Chapter

This chapter examines the appeals system, the most important purpose of which from the legal system’s point of view is the development and clarification of the law. Reviewing the law in this way allows the higher courts to exert some control over the lower courts and adds much to an understanding of the forces shaping the appeals system. From the point of view of litigants, appeals offer a chance to challenge a result they are unhappy with. The chapter discusses restrictions on appeal rights; challenging jury verdicts; due process appeals; post-appeal review of convictions by the Criminal Cases Review Commission; miscarriages of justice, prosecution appeals; and double jeopardy and retrials.

Chapter

This chapter, which focuses on opinion evidence in criminal and civil cases in the UK, explains the rule on the admissibility of opinion evidence, largely expert opinion. The notice and disclosure rules in criminal cases under the Criminal Procedure Rules (CPR) are outlined. The criteria for the admissibility of expert evidence, the responsibilities of expert witnesses, and the approach of the courts to new areas of expertise are examined in detail. It also considers the presentation of expert evidence, including the use of court-appointed experts, in civil cases under the CPR, and, finally, examines the ultimate issue rule, which has been abolished by s33(1) of the Civil Evidence Act (CEA) 1972.

Book

Richard Card and Jill Molloy

With a reputation for being a thorough introductory text on the substantive criminal law in England and Wales, this book remains popular with lecturers and students. Carefully developed coverage ensures that the book helps with the advancing of understanding of the key principles governing criminal law. Designed for use on undergraduate courses and diplomas in law, discussion of statutory provisions and case law as well as hypothetical examples and key point summaries guide the reader through the technicalities of this aspect of law. This twenty-second edition has been updated to take account of all the recent changes within the criminal law field, including the recent Supreme Court decision of Jogee, and now contains questions at the end of each chapter.

Chapter

11. The rule against hearsay II  

Common law and statutory exceptions

This chapter discusses the statutory exceptions to the inadmissibility of hearsay evidence in criminal cases that were created by the Criminal Justice Act 2003. The impact of the Human Rights Act 1998 on the admissibility of hearsay evidence is discussed, including the important cases of Horncastle and Al-Khawaja and Tahery v United Kingdom, where the Supreme Court and the European Court of Human Rights came into conflict over whether an accused may be convicted where the ‘sole and decisive’ evidence against him is hearsay. The common law exceptions preserved by the Criminal Justice Act 2003 are then considered—res gestae. The chapter ends with discussion of the abolition of hearsay in civil proceedings by the Civil Evidence Act 1995.

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

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

Antonio Cassese, Paola Gaeta, Laurel Baig, Mary Fan, Christopher Gosnell, and Alex Whiting

The term ‘genocide’ refers to the intention to destroy entire groups, whether national, racial, religious, cultural, and so on. Genocide acquired autonomous significance as a specific crime in 1948, when the UN General Assembly adopted the Genocide Convention, whose substantive rules may largely be considered as declaratory of customary international law. This chapter analyzes the main features of the Genocide Convention and examines the legal ingredients of the crime of genocide, as also clarified in international and national case law. It discusses developments in the case law on genocide; objective and subjective elements of genocide; protected groups; two problematic aspects of genocide; genocide and crimes against humanity; and Article 6 of the International Criminal Court Statute and customary international law.

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.

Book

Lucy Welsh, Layla Skinns, and Andrew Sanders

Criminal Justice provides a comprehensive overview of the criminal justice system in England and Wales (excluding punishment), as well as thought-provoking insights into how it might be altered and improved and research that might be needed to help accomplish this. Tracing the procedures surrounding the appre-hension, investigation, trial and appeal against conviction of suspected offenders, this book is the ideal com-panion for law and criminology students alike. As the authors combine the relevant legislation with fresh research findings and policy initiatives, the resulting text is a fascinating blend of socio-legal analysis. Whilst retaining its authoritative treatment of the issues at the heart of criminal justice, the book has been fully updated with recent developments, including terrorism legislation and the initial Covid-related restrictions introduced in early-mid 2020. In this, the book’s 5th edition: two experienced new co-authors, Dr Layla Skinns and Dr Lucy Welsh, join Andrew Sanders (Richard Young having decided, 25+ years after the 1st edition, to do other things); the text features chapter summaries and selected further reading lists to support the student and encourage further research; the content of the book has been fully updated to include coverage of new legislation, case law, research and policy developments; and the text is enriched by the new authors’ specialist research into accountability, police custody, magistrates’ courts and criminal legal aid. The theoretical structure of the earlier editions is retained, but developed further by consideration of ‘core values’ in criminal justice and the impact of neoliberalism.

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. The rule against hearsay is one of the great exclusionary rules of the law of evidence. The underlying idea seems sound enough. In a system that places a premium on orality, with witnesses delivering their testimony in person, it is an understandable corollary that witness A should be forbidden from giving testimony on behalf of witness B. This chapter discusses the following: the rationale underlying a rule against hearsay; the hearsay rule in criminal cases, and its exceptions; and the hearsay rule in civil proceedings.

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. The rule against hearsay is one of the great exclusionary rules of the law of evidence. In a system that places a premium on orality, with witnesses delivering their testimony in person, it is an understandable corollary that witness A should often be forbidden from giving testimony on behalf of witness B. This chapter discusses the following: the rationale underlying a rule against hearsay; the hearsay rule in criminal cases, and its many exceptions, both at common law and under statute; and the remnants of the hearsay rule in civil proceedings.

Chapter

A summary trial will be held where a defendant pleads not guilty to a summary-only offence or pleads not guilty to an either-way offence where the magistrates’ court has accepted jurisdiction to try the offence at the allocation hearing and the defendant has consented to summary trial. This chapter deals with the steps in preparing for a summary trial. It considers pleading guilty by post; the circumstances in which a defendant can be summarily tried in her absence; the rules governing the drafting of a written charge/information; the pre-trial disclosure of evidence in a summary case; case management; the steps when preparing for summary trial; and the procedure at a summary trial on a not guilty plea.

Chapter

Martin Hannibal and Lisa Mountford

A summary trial will be held where a defendant pleads not guilty to a summary-only offence or pleads not guilty to an either-way offence where the magistrates’ court has accepted jurisdiction to try the offence at the allocation hearing and the defendant has consented to summary trial. This chapter deals with the steps in preparing for a summary trial. It considers pleading guilty by post; the circumstances in which a defendant can be summarily tried in her absence; the rules governing the drafting of a written charge/information; the pre-trial disclosure of evidence in a summary case; case management; the steps when preparing for summary trial; and the procedure at a summary trial on a not guilty plea.

Chapter

Chapter 12 deals with expert evidence. It discusses the principles governing the admissibility of expert opinion evidence; use of the work of others and the rule against hearsay; expert witnesses; ‘battles of experts’ and the presentation of expert evidence; and disclosure and evaluation of expert evidence.

Chapter

Chapter 12 deals with expert evidence. It discusses the principles governing the admissibility of expert opinion evidence; use of the work of others and the rule against hearsay; expert witnesses; ‘battles of experts’ and the presentation of expert evidence; and disclosure and evaluation of expert evidence.