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Chapter

Cover Murphy on Evidence

8. Cross-examination and beyond  

Cross-examination is the process of challenging the evidence of a witness called on behalf of another party, and was described by Wigmore as ‘the greatest legal engine ever invented for the discovery of truth’. Any witness who has taken the oath becomes liable to cross-examination by any other party. This chapter discusses the general principles of cross-examination (including the effect of an omission to cross-examine, and restrictions and limitations), cross-examination as to credit and an explanation of what constitutes collateral matters, and cross-examination on documents (and the potential effect of this on the admissibility of those documents). The re-examination of witnesses that may follow cross-examination is also considered along with the calling of evidence in rebuttal and a judge’s power to call witnesses.

Chapter

Cover Cross & Tapper on Evidence

VI. The course of evidence  

This chapter concerns the principal rules governing examination in-chief, cross-examination, and re-examination of witnesses. Such an account is not entirely satisfactory because it is concerned with regulations that are either matters of common knowledge or else can be thoroughly mastered only by experience. However, the rules with which it deals have been highly characteristic of the English law of evidence. The elucidation of facts by means of questions put by parties or their representatives to witnesses mainly summoned by them has been an essential feature of the English ‘adversarial’ or ‘accusatorial’ system of justice. The chapter argues that not only is an appreciation of this procedure desirable for its own sake, but it is necessary for a proper understanding of such matters as the law concerning the admissibility of the convictions, character, and credibility of parties and witnesses.

Chapter

Cover Evidence

4. The course of the trial  

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 right to begin; the role of the trial judge; the judge’s right to call a witness; examination-in-chief; hostile witnesses; cross-examination; re-examination; calling evidence relating to witnesses’ veracity; witness support; the Crown’s right to reopen its case; and special protections extended to various classes of witness in criminal cases. Many of the rules apply to civil and criminal proceedings alike. However, as elsewhere in this book, the accent will be on rules of criminal evidence.

Chapter

Cover Concentrate Questions and Answers Evidence

9. Examination and cross-examination  

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 deals with the type of questions that can or cannot be asked in examination-in-chief or cross-examination in criminal trials. This area overlaps considerably with criminal procedure, and Evidence courses vary in the topics they cover. The chapter covers refreshing of memory, rules on previous consistent statements and exceptions, and hostile witnesses in respect of examinations-in-chief. In respect of cross-examination, it covers rules on previous inconsistent statements, finality to answers to collateral questions and exceptions, the special rule for cross-examination of complainants in sexual offence cases and non-defendant’s bad character.

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

3. The Course of Evidence  

Chapter 3 examines the principles relating to the presentation of evidence in court. It first discusses the adversarial tradition upon which the English trial process is based. It then distinguishes between the principles governing the questioning of one’s own witness (which occurs in examination-in-chief and re-examination) and those governing the questioning of another party’s witness (which occurs in cross-examination). It shows that, in criminal proceedings, provisions in the Criminal Justice Act 2003 now deal with two particular matters that may arise in the course of questioning one’s own witness—the extent to which refreshing memory is permitted, and the extent to which a previous consistent statement is admissible in evidence. The chapter also considers other issues, including the judicial approach to ‘no case to answer’ submissions in criminal trials, and the extent to which the claimant or prosecution may adduce further evidence after closing its case.

Chapter

Cover Evidence Concentrate

8. Identification, care warnings, and questioning at trial  

This chapter examines a number of procedural matters in criminal trials. It first explains suspect evidence and the erosion of the rules on corroboration under the Criminal Justice and Public Order Act (CJPOA)1994. It then concentrates in some detail on identification evidence concerned with the Turnbull directions and the provisions of Code D Police and Criminal Evidence Act (PACE) 1984. The extent to which the defendant’s lies may constitute evidence of guilt is explained, along with a review of Lucas directions. It continues with a review of the various procedural aspects of examination and cross-examination. The chapter concludes with a discussion of the rules on cross-examination of complainants in sexual cases on their previous sexual history along with the case law under s41 Youth Justice and Criminal Evidence Act (YJCEA)1999.