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Chapter

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

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

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

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

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

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

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

Martin Hannibal and Lisa Mountford

This chapter examines the court’s powers to exclude unlawfully or unfairly obtained prosecution evidence by examining the position in relation to confession evidence excluded under ss. 76 and 78 Police and Criminal Evidence Act (PACE) 1984; and other prosecution evidence excluded at common law, under s. 78 PACE 1984, and as an abuse of process.

Chapter

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.

Chapter

Both prosecutors and defence lawyers must have a good understanding of the rules of criminal evidence and be able to apply the rules in a highly practical way to the issues in a case. This chapter provides a brief introduction to the main evidential rules which are considered further in later chapters. In particular, it addresses the following: the purpose of rules of evidence; the core concepts of relevance, admissibility, and weight; and the different types of evidence.

Chapter

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.

Book

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

Martin Hannibal and Lisa Mountford

This chapter considers the following: the dangers of eye-witness identification; how identification evidence is obtained by the police during the police investigation; the pre-trial safeguards contained in the identification procedures under Code D of the Police and Criminal Evidence Act 1984 (PACE); the admissibility of eye-witness evidence obtained in breach of Code D; obtaining fingerprints, intimate and non-intimate samples at the police station; DNA evidence and identification evidence given by expert witnesses.

Chapter

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

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

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

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.

Chapter

This chapter focuses on evidence that is relevant but improperly obtained and thus may be excluded by judicial discretion. It looks at the exclusionary discretion contained within section 78 of the UK’s Police and Criminal Evidence Act 1984 (PACE), and explains how common law and statutory exclusionary discretion may be exercised in relation to other areas of evidence, such as character evidence and hearsay evidence, other than confessions. The chapter also looks at the most common areas of exclusion, other than confession evidence, including breach or evasion of legislation such as PACE and the Codes of Practice. It also reviews when a stay of prosecution might be the appropriate procedure. Finally, it discusses the relevant principles of Article 6 of the European Convention on Human Rights (ECHR) that are enshrined in section 78 of PACE.

Chapter

This chapter, which focuses on hearsay evidence and its relationship to confessions, first considers the rule against hearsay and its application to out-of-court statements of witnesses in civil and criminal cases. It then looks at statements, both oral and written, and gestures, as well as the admissibility of hearsay in criminal proceedings under the Criminal Justice Act 2003 and, in outline, in civil proceedings under the Civil Evidence Act 1995. The chapter also explains the legal distinction between first-hand (what X told Y) and multiple hearsay (what X told Y who told Z), and concludes by discussing the landmark decisions under Article 6(3)(d) of the European Convention on Human Rights (ECHR).

Chapter

This chapter, which focuses on opinion evidence in criminal and civil cases in the UK, explains the rule on the admissibility of opinion, including expert opinion, as well as notice and disclosure in criminal cases under the Criminal Procedure Rules 2014. 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 Civil Procedure Rules, and, finally, examines the ultimate issue rule, which has been abolished by section 33(1) of the Civil Evidence Act 1972.