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Chapter

Cover Cross & Tapper on Evidence

I. Introduction  

This introductory chapter discusses the relevance of evidence in the courtroom. It first explores the development of the law of evidence beginning from the seventeenth and eighteenth centuries. The chapter then studies the extent to which the law of evidence applies to all of the different stages and matters considered by the courts and to other tribunals. The main purposes and categories of evidence are next considered and exemplified, together with the question of whether any broad general rules can usefully be elaborated. Finally, this chapter turns to its most fundamental principle — relevance, which is contrasted with the admissibility of evidence.

Chapter

Cover The Modern Law of Evidence

17. Evidence of character: evidence of character in civil cases  

This chapter discusses the admissibility of evidence of character. A number of factors govern the admissibility of character evidence, including whether the proceedings are civil or criminal and whether the evidence relates to the character of a party or non-party. It is also necessary to consider the nature of the character evidence in question. It may relate to either good or bad character and, in either event, may constitute evidence of a person’s actual disposition, that is his propensity to act, think, or feel in a given way; or evidence of his reputation, that is his reputed disposition or propensity to act, think, or feel in a given way. Thus, the character of a person may be proved by evidence of general disposition, by evidence of specific examples of his conduct on other occasions (including, in the case of bad conduct, evidence of his previous convictions), or by evidence of his reputation among those to whom he is known. The chapter considers civil cases in which bad character designated ‘similar fact evidence’ has been admitted.

Chapter

Cover The Modern Law of Evidence

5. Documentary and real evidence  

This chapter discusses the law on documentary evidence and real evidence. It addresses the following key issues: Where a party to litigation wishes to adduce in evidence a statement contained in a document, (a) should it be open to proof by production of a copy of the document and, if so, (b) in what circumstances and subject to what safeguards? Where a party to litigation wishes to admit a document in evidence, (a) should he be required to establish that it was written, signed, or attested by the person by whom it purports to be written, signed, or attested and, if so, (b) how should these matters be established? When should material objects and other types of real evidence be admissible in evidence and why do they need to be accompanied by oral testimony? When, and subject to what safeguards, should a court inspect a place or object out of court?

Chapter

Cover Concentrate Questions and Answers Evidence

8. Opinion evidence  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and diagrams and flow charts. This chapter explores an area of evidence law dominated by expert witness evidence and the extent to which flawed testimony leads to miscarriages of justice. Expert evidence is now commonplace in criminal and civil trials, and the courts and Parliament have developed procedures to ensure that it is of high quality. These are an eclectic mix of common law and statute and their development reflects the importance of scientific expertise. It is necessary to be familiar with the differences between expert and non-expert opinion evidence and on when and in what circumstances both types are admissible and questions that can be asked of the expert whilst giving evidence. The approach depends on whether the question relates to civil or criminal trials

Book

Cover Murphy on Evidence

Richard Glover

Murphy on Evidence is firmly established as a leading text for use on undergraduate law courses and in preparation for professional examinations. Frequently consulted by judges and practitioners, and regularly cited in judgments, it has come to be regarded as a work of authority throughout the common law world. The book’s unique approach effectively bridges the gap between academic study of the law of evidence and its application in practice, combining detailed analysis of the law with a wealth of practical information about how it is used in the courtroom. As in previous editions, the author’s teaching method is centred around two realistic case studies—one criminal and one civil—presenting challenging evidence issues and questions for discussion at the end of each chapter. The case study material for this new edition has been further developed with new videos on the Online Resource Centre. Fully up to date with the latest developments in this fast-moving subject, the fifteenth edition of Murphy on Evidence is as indispensable as its predecessors. Topics include: the language of the law of evidence; the judicial function in the law of evidence; the burden and standard of proof; character evidence; and the rule against hearsay.

Chapter

Cover Concentrate Questions and Answers Evidence

7. Supporting evidence: Lies, identification evidence, and suspect witnesses  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flow charts. This chapter discusses supporting evidence, which is variously referred to in textbooks as hazardous evidence, supporting evidence or safeguards against unreliability and error. Supporting evidence encompasses types of evidence that might intrinsically be of questionable reliability and, therefore, require supportive evidence. Key areas are disputed identification and lies told by the defendant. It is important to be familiar with the two distinct ways that the reliability of identification evidence is enhanced: first, the judge should issue the Turnbull guidelines; and, secondly, Code D of the Codes of Practice of the Police and Criminal Evidence Act 1984 should be followed in relation to identification procedures.

Book

Cover The Modern Law of Evidence

Adrian Keane and Paul McKeown

The Modern Law of Evidence is a comprehensive analysis of the law of criminal and civil evidence and the theory behind the law. It identifies all the key issues, emphasizes recent developments and insights from the academic literature, and makes suggestions for further reading. The work begins with a definition of evidence and the law of evidence and an outline of its development to date. It then describes and analyses the key concepts, such as the facts open to proof, the forms that evidence can take, relevance, admissibility, weight, and discretion. It then proceeds to cover in a logical sequence all aspects of the subject: the burden and standard of proof, proof of facts without evidence, documentary and real evidence, witnesses, examination-in-chief, cross-examination and re-examination, corroboration and care warnings, visual and voice identification, evidence obtained by illegal or unfair means, hearsay, confessions, adverse inferences from an accused’s silence, evidence of good and bad character, opinion evidence, public policy, privilege, and the admissibility of previous verdicts.

Chapter

Cover Evidence

11. Hearsay Evidence  

Chapter 11 discusses the law on hearsay evidence. It covers the admissibility of hearsay evidence in civil proceedings, now governed by the Civil Evidence Act 1995; other proceedings in which the hearsay rule is inapplicable; and the admissibility of hearsay evidence in criminal proceedings.

Chapter

Cover A Practical Approach to Effective Litigation

19. Evidence and Disclosure  

Collecting and analysing evidence is often one of the most expensive elements of litigation. The approach to dealing with disclosure of evidence has been modified as part of the reforms introduced following the review carried out by Lord Justice Sir Rupert Jackson. The norm of standard disclosure has been replaced by options for the level of disclosure designed to ensure that disclosure is proportionate, which presents opportunities for saving costs and opens up some tactical considerations as regards the level of disclosure to seek and to offer. This chapter focuses on general principles and approaches that are most likely to be effective in preparing a case. It discusses the key rules of admissibility; questions of weight and reliability on the evidence presented; identifying what needs to be proved in a case; types of evidence; collecting evidence; disclosure of evidence; electronic disclosure of evidence; and reviewing and advising on evidence.

Chapter

Cover Criminal Justice

15. Forensic science and criminal justice  

Paul Roberts

This chapter examines the role of science in the criminal justice process, focusing on DNA profiling evidence, both as an important topic in its own right and as a case study illuminating broader issues. It considers the potent combination of scientific innovation and public policy making in the development of new forms of legally admissible evidence. The chapter explores some general, and fundamental, aspects of the logic of forensic proof in criminal trials.

Chapter

Cover Murphy on Evidence

3. The judicial function in the law of evidence  

This chapter discusses the different functions in a court and how the court is composed of a tribunal of law and a tribunal of fact. In a jury trial, the judge decides matters of law and is the tribunal of law, while the jury is the ‘fact-finder’, the tribunal of fact. In a non-jury trial, the judge or magistrates perform both functions. This chapter discusses the functions of the judge in legal issues concerning evidence and, in particular, when a case is withdrawn from the jury because there is ‘no case’; judicial discretion; and admissibility of evidence illegally or unfairly obtained.

Chapter

Cover The Modern Law of Evidence

13. Hearsay admissible by statute in civil proceedings  

Under the common law rule against hearsay, any assertion, other than one made by a person while giving oral evidence in the proceedings, was inadmissible if tendered as evidence of the facts asserted. The Civil Evidence Act 1968 constituted a major assault upon the common law rule in civil proceedings by making provisions for the admissibility of both oral and written hearsay subject to certain conditions. In June 1988 the Civil Justice Review recommended an inquiry by a law reform agency into the usefulness of the hearsay rule in civil proceedings and the machinery for rendering it admissible. The subsequent recommendations of the Law Commission were put into effect by the Civil Evidence Act 1995. This chapter discusses the admissibility of hearsay under the Civil Evidence Act 1995; safeguards; proof of statements contained in documents; evidence formerly admissible at common law; and Ogden tables.

Chapter

Cover Evidence

11. Confessions  

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’; 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’; whether one accused’s admission can ever provide evidence against a co-accused; an accused’s right to use a co-accused’s confession (PACE, s 76A); the admissibility of confessions by third parties.

Chapter

Cover Evidence

9. The opinion rule and the presentation of expert evidence  

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 ‘opinion rule’ is one of the major exclusionary rules of the law of evidence. This chapter discusses the following: the general rule excluding evidence of opinion; four exceptions to the opinion rule born of necessity; the principal exception to the rule against opinion evidence; expert opinion, where we examine such matters as who may qualify as an expert witness, to what an expert witness may testify, and the reconciliation of expert evidence with the rule against hearsay; the presentation of DNA evidence; the use of Bayes’ theorem, and how a court should instruct the jury in mathematical probabilities. The application of expert evidence in criminal and civil cases is considered separately.

Chapter

Cover Murphy on Evidence

10. The rule against hearsay I  

Scope and working of the rule

This chapter is divided into two parts. The first part discusses the rule against hearsay, covering the definition of hearsay; the dangers of hearsay evidence; the development of exceptions and reform of rule. The second part explains how the hearsay rule operates by distinguishing hearsay and non-hearsay statements and, therefore, discusses: a statement having legal effect or significance; a statement admissible to prove that it was made or was made on a particular occasion or in a certain way; a statement as circumstantial evidence of state of mind; a statement as circumstantial evidence of other relevant facts; three classic hearsay problems; and the use of avoidance and evasion.

Chapter

Cover Murphy on Evidence

12. The rule against hearsay III  

Admissions and confessions

Admissions and confessions are the most important common law exceptions to the rule against hearsay. Section 118(1) of the Criminal Justice Act 2003 preserves any rule of law relating to the admissibility of admissions made by agents in criminal proceedings. This chapter is divided into two parts, the first of which discusses admissions, covering the principles of admissibility; what admissions may bind a party; and what may be proved by admission. The second part deals with confessions, covering the admissibility of confessions; the exclusion of confessions; evidence yielded by inadmissible confessions; excluded confessions as relevant non-hearsay evidence; confessions by the mentally handicapped and those otherwise impaired; the Codes of Practice and the discretionary exclusion of confessions; the use of confessions by co-accused; confessions implicating co-accused; and partly adverse (‘mixed’) statements.

Chapter

Cover Murphy on Evidence

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

Cover Murphy on Evidence

17. Opinion evidence  

This chapter discusses the following: the general rule of common law that the opinion of a witness is inadmissible, and the exceptions for evidence of general reputation, the opinion of an expert witness within his area of expertise, and the opinion of any witness as a way of conveying facts within the competence of members of the public generally which do not call for specialized knowledge; principles of admissibility; competence; independence and objectivity; the weight of expert opinion evidence; the function of expert evidence; materials used by experts in forming their opinion; expert reports; common subjects of expert evidence; and the admissibility of non-expert opinion evidence. The developments since the Law Commission report on Expert Evidence (No. 325) are addressed, as are the impact of the Criminal Procedure Rules 2015 and the Criminal Practice Direction.

Chapter

Cover JC Smith's The Law of Contract

11. Identifying the terms of a contract  

This chapter discusses the terms of a contract. It first examines the distinction between a ‘term’ and a ‘representation’, before considering how those terms can be incorporated into a contract. It then discusses the nature of the contract being examined—even if the relevant term is not to be found in the ‘main’ contract, it may be found in a ‘collateral’, or ancillary, contract. Finally, the chapter addresses the ‘parol evidence rule’, which essentially states that where there is a written contract, extrinsic evidence cannot be used to establish other terms. This rule is riddled with exceptions and often dismissed, although it is suggested that it should not be entirely discarded.

Book

Cover Evidence

Andrew L-T Choo

Andrew Choo’s Evidence provides an account of the core principles of the law of civil and criminal evidence in England and Wales. It also explores the fundamental rationales that underlie the law as a whole. The text explores current debates and draws on different jurisdictions to achieve a mix of critical and thought-provoking analysis. Where appropriate the text draws on comparative material and a variety of socio-legal, empirical, and non-legal material. This (sixth) edition takes account of revisions to the Criminal Procedure Rules, the Criminal Practice Directions, and the Police and Criminal Evidence Act Codes of Practice. It also examines in detail cases on various topics decided since the last edition was completed, or the significance of which has become clear since then, including: • Addlesee v Dentons Europe llp (CA, 2019) (legal professional privilege) • Birmingham City Council v Jones (CA, 2018) (standard of proof) • R v B (E) (CA, 2017) (good character evidence) • R v Brown (Nico) (CA, 2019) (hearsay evidence) • R v C (CA, 2019) (hearsay evidence) • R v Chauhan (CA, 2019) (submissions of ‘no case to answer’) • R v Gabbai (Edward) (CA, 2019) (bad character evidence) • R v Gillings (Keith) (CA, 2019) (bad character evidence) • R v Hampson (Philip) (CA, 2018) (special measures directions) • R v K (M) (CA, 2018) (burden of proof) • R v Kiziltan (CA, 2017) (hearsay evidence) • R v L (T) (CA, 2018) (entrapment) • R v Reynolds (CA, 2019) (summing-up) • R v S (CA, 2016) (hearsay evidence) • R v SJ (CA, 2019) (expert evidence) • R v Smith (Alec) (CA, 2020) (hearsay evidence) • R v Stevens (Jack) (CA, 2020) (presumptions) • R v Townsend (CA, 2020) (expert evidence) • R v Twigg (CA, 2019) (improperly obtained evidence) • R (Jet2.com Ltd) v CAA (CA, 2020) (legal professional privilege) • R (Maughan) v Oxfordshire Senior Coroner (SC, 2020) (standard of proof) • Serious Fraud Office v Eurasian Natural Resources Corpn Ltd (CA, 2018) (legal professional privilege) • Shagang Shipping Co Ltd v HNA Group Co Ltd (SC, 2020) (foundational concepts; improperly obtained evidence) • Stubbs v The Queen (PC, 2020) (identification evidence) • Volaw Trust and Corporate Services Ltd v Office of the Comptroller of Taxes (PC, 2019) (privilege against self-incrimination) • Volcafe Ltd v Cia Sud Americana de Vapores SA (SC, 2018) (burden of proof)