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Cover The Modern Law of Evidence

10. Visual and voice identification  

This chapter considers the risk of mistaken identification, and the law and procedure relating to evidence of visual and voice identification. In respect of evidence of visual identification, the chapter addresses: the Turnbull guidelines, including when a judge should stop a case and the direction to be given to the jury; visual recognition, including recognition by the jury themselves from a film, photograph, or other image; evidence of analysis of films, photographs, or other images; pre-trial procedure, including procedure relating to recognition by a witness from viewing films, photographs, either formally or informally; and admissibility where there have been breaches of pre-trial procedure. In respect of evidence of voice identification, the chapter addresses: pre-trial procedure; voice comparison by the jury with the assistance of experts or lay listeners; and the warning to be given to the jury (essentially an adaption of the Turnbull warning, but with particular focus on the factors which might affect the reliability of voice identification).


Cover The Modern Law of Evidence

9. Corroboration and care warnings  

This chapter discusses exceptions to the general rule that there is no requirement for evidence to be corroborated. There are three categories of exception (i) where corroboration is required as a matter of law (speeding, perjury, treason, and attempts to commit these offences) and therefore a conviction cannot be based on uncorroborated evidence; (ii) where neither corroboration in a technical sense nor supportive evidence is required as a matter of law, but the tribunal of fact may need to be warned to exercise caution before acting on the evidence of certain types of witness, if unsupported; (iii) five cases in which corroboration is not required as a matter of law, and there is no obligation to warn the tribunal of fact of the danger of acting on the unsupported or uncorroborated evidence, but there is a special need for caution. The five cases are confessions by mentally handicapped persons, identification evidence, lip-reading evidence, cases of Sudden Infant Death Syndrome, and unconvincing hearsay. Identification evidence is dealt with separately in Chapter 10.


Cover Selwyn's Law of Employment

12. Disciplinary, Dismissal, and Grievance Procedures  

During the performance of the employment contract the employer may find it necessary to exercise some form of disciplinary authority over the employee, which may take one of a number of forms, ranging from informal warnings, etc, through to final warning or dismissal. There will also be occasions when the employee will wish to pursue a grievance over the way he is treated, and a suitable grievance procedure is the obvious channel to be used. This chapter discusses disciplinary procedures and grievance procedures, how to draw up such procedures and the conduct of disciplinary hearings; the right to be accompanied; disciplinary rules; and the exercise of disciplinary powers such as suspension, warnings, and other sanctions.


Cover Evidence

6. Identification Evidence  

Chapter 6 first considers the three categories of factors which may contribute to the mistaken identification of the defendant as the perpetrator of the offence: witness factors, event factors, and post-event factors. It then turns to R v Turnbull in 1976, where the Court of Appeal laid down the famous ‘Turnbull guidelines’ on judicial warnings to the jury about visual identification evidence. This is followed by discussions of discretionary exclusion of identification evidence and the use of photographs and video recordings.


Cover Murphy on Evidence

9. Corroboration and suspect witness warnings  

This chapter discusses the corroboration rule and the practice of suspect witness warnings. It covers the meaning and function of corroboration; the fact that there is no general requirement for corroboration at common law and that a conviction or judgment may be based on the evidence of a single witness; where corroboration is required as a matter of law; the abolition of the rule of practice requiring the judge to direct the jury to exercise caution before convicting in the absence of corroboration; the development of suspect witness warnings; cases in which a suspect witness warning is required; and suspect witness warnings and confirming evidence.


Cover Bromley's Family Law

22. International Parental Child Abduction  

N V Lowe, G Douglas, E Hitchings, and R Taylor

This chapter concerns parental child abduction, that is, where one parent takes the child to another place or jurisdiction without the other’s consent. The chapter discusses the issue both where the abduction is within the UK and where the child is taken to a foreign jurisdiction. The chapter begins by looking at the mechanisms to prevent abduction. It then considers the inter-UK position under the Family Law Act 1986 followed by an examination of the international position first with regard to abductions to and from ‘non-Convention countries’ and then with regard to those governed principally by the 1980 Hague Abduction Convention. In the latter regard it discusses the concepts of rights of custody, wrongful removal and wrongful retention and habitual residence. It then examines the making and refusing to make orders for the child’s return and ends with a discussion about the position with regard to access.


Cover Competition Law

10. Competition Act 1998 and the cartel offence: public enforcement and procedure  

This chapter describes the system of public enforcement under the Competition Act 1998. This chapter begins with a consideration of the way in which inquiries and investigations are carried out under the Competition Act. It briefly considers the position of complainants to the CMA, followed by a discussion of the extent to which it may be possible to receive guidance from the CMA on the application of the Act. The chapter then describes the powers of the CMA to enforce the Competition Act, the criminal law cartel offence and the provisions on company director disqualification. It concludes with a discussion of concurrency, appeals under the Competition Act and the Government’s review of the operation of the Competition Act between 2014 and 2019.