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. A suspect’s silence in response to questioning is liable to arouse suspicion: the normal reaction to an accusation, it is widely believed, is to volunteer a response. This chapter discusses the following: the so-called right to silence; permissible inferences drawn from the defendant’s silence at common law; the failures provisions of the Criminal Justice and Public Order Act 1994: permissible inferences drawn from the defendant’s failure to mention facts, failure to testify, failure or refusal to account for objects etc, or failure to account for presence; permissible inferences drawn from lies told by the defendant: Lucas directions; permissible inferences drawn from false alibis put forward by the defendant.
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. A suspect’s silence in response to questioning is liable to arouse suspicion. This chapter discusses: the so-called right to silence; permissible inferences drawn from the defendant’s silence at common law; the failures provisions of the Criminal Justice and Public Order Act 1994: permissible inferences drawn from the defendant’s failure to mention facts, failure to testify, failure or refusal to account for objects etc, or failure to account for presence; permissible inferences drawn from lies told by the defendant: Lucas directions; permissible inferences drawn from false alibis put forward by the defendant.
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: issue and credit; the concept of ‘credibility’; and bringing out the character of the parties and their witnesses. Evidence introduced to illuminate someone’s character is a fairly common feature in both civil and criminal trials. Considerable restrictions apply in criminal cases since the Criminal Justice Act 2003. According to the context, however, it may fulfil different purposes. Notably, it may serve as a potential indicator of whether or not someone is likely to be a truthful witness.
Chapter
Martin Hannibal and Lisa Mountford
This chapter examines the evidential rules that apply to the defendant at trial. These include the defendant’s competence and compellability; the course of the defendant’s evidence; drawing an adverse inference under s. 35 Criminal Justice and Public Order Act 1994 from the defendant’s silence at trial; the admissibility of a defendant’s past bad character; admissibility of defendant’s good character; and arguments for and against the defendant giving evidence.
Chapter
Anthea Hucklesby
This chapter explores issues relating to the prosecution process. It introduces some of the main theoretical and conceptual issues with the prosecution process, and considers a number of key trends in recent criminal justice law and policy. The discussions cover the agencies involved in the prosecution process; making sense of the criminal justice process; diminishing defendants' rights; and differential treatment.
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: issue and credit; the concept of ‘credibility’; bringing out the character of the parties and their witnesses; and evidence of the defendant’s good character. Evidence introduced to illuminate someone’s character is a fairly common feature in both civil and criminal trials. According to the context, however, it may fulfil different purposes. Notably, it may serve as a potential indicator of whether or not someone is likely to be a truthful witness.
Chapter
The question of who pays for the costs of a claim is generally not determined until the claim is finally disposed of, whether by consent, interim process, or trial. However, an order for security for costs can be made against a party in the position of a claimant. Once security is given it may be retained, subject to the court’s discretion, pending an appeal. An order for security for costs usually requires the claimant to pay money into court as security for the payment of any costs order that may eventually be made in favour of the defendant, and staying the claim until the security is provided. On the application three issues arise: (i) whether one of the conditions for ordering security for costs is satisfied; (ii) if so, whether, having regard to all the circumstances of the case, it would be just to exercise the court’s discretion in favour of making the order; and (iii) if so, how much security should be provided. This chapter considers each of these three issues. It begins by looking at the procedure for making the application and the capacity of the respondent to the application.
Chapter
The question of who pays for the costs of a claim is generally not determined until the claim is finally disposed of, whether by consent, interim process, or trial. However, an order for security for costs can be made against a party in the position of a claimant. Once security is given it may be retained, subject to the court’s discretion, pending an appeal. An order for security for costs usually requires the claimant to pay money into court as security for the payment of any costs order that may eventually be made in favour of the defendant, and staying the claim until the security is provided. On the application three issues arise: (a) whether one of the conditions for ordering security for costs is satisfied; (b) if so, whether, having regard to all the circumstances of the case, it would be just to exercise the court’s discretion in favour of making the order; and (c) if so, how much security should be provided. This chapter considers each of these three issues. It begins by looking at the procedure for making the application and the capacity of the respondent to the application.
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This chapter, which focuses on the admissibility and evidential worth of character evidence, explains the definition of bad character under the Criminal Justice Act 2003 (CJA). It examines how bad character evidence of the defendant may be admitted through one of the ‘gateways’ under the Act. It reviews the evidential worth of the character evidence if admitted and explains the difference between propensity and credibility. The law on the admissibility of the bad character of non-defendant witnesses is explained and the reasons for a more protective stance highlighted. The chapter concludes with a review of the admissibility of good character evidence, governed by the common law.
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This chapter considers the options open to a defendant faced with a claim against him. It covers the emotional responses of the defendant, as well as the defendant’s pre-action position. It discusses the way in which a defendant may fund the litigation. It details the essential steps needed to respond to a claim; the substantive responses to the action; and tactical responses to the claim.
Chapter
This chapter, which focuses on the admissibility and evidential worth of character evidence, explains the definition of bad character under the Criminal Justice Act 2003. It examines how bad character evidence of the defendant may be admitted through one of the ‘gateways’ under the Act. It reviews the evidential worth of the character evidence if admitted and explains the difference between propensity and credibility. The law on the admissibility of the bad character of non-defendant witnesses is explained. The chapter concludes with the admissibility of good character evidence, governed by the common law.
Book
Maureen Spencer and John Spencer
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Evidence Concentrate is supported by extensive online resources to take your learning further. Written by experts, it covers all the key topics so you can approach your exams with confidence. The clear, succinct coverage enables you to quickly grasp the fundamental principles of this area of law and helps you succeed in exams. This guide has been rigorously reviewed and is endorsed by students and lecturers for level of coverage, accuracy, and exam advice. It is clear, concise, and easy to use, helping you get the most out of your revision. After an introduction, the book covers principles and key concepts; burden of proof; confessions and the defendant’s silence; improperly obtained evidence, other than confessions; character evidence; hearsay evidence; competence and compellability, special measures; identification evidence and questioning at trial; opinion evidence; public interest immunity; and privilege.
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This chapter focuses on the role of the defendant. The litigation system in England is adversarial, thus on the face of it the role of the defendant is potentially defensive, confrontational, and non cooperative. While the objective of the defendant will usually be to make the claim go away, the perhaps natural desire to take an approach that involves denial, delay, and obfuscation wherever possible must be resisted, or at least carefully considered. The chapter discusses the main types of defence to an action; dealing with the early stages of an action when a claim form is received; rules for drafting a defence; making a counterclaim; claiming a set-off; a general framework for a defence and counterclaim; and strategies and tactics in defending a case.
Chapter
This chapter discusses the procedure for defendants responding to the claim. A defendant who intends to contest proceedings must respond to the claim by filing an acknowledgment of service and/or by filing a defence. Defended claims become subject to the court’s case management system, with the court making provisional track allocation decisions, followed by the parties filing directions questionnaires. If a defendant fails to make any response to a claim a default judgment is usually entered within a relatively short period after service.
Chapter
Judgment in default may be entered where the defendant fails to defend a claim. It produces a judgment in favour of a claimant without holding a trial. This chapter discusses when default judgment may be entered; cases excluded from judgment in default; entering default judgment; final judgment and judgment for an amount to be decided; deciding the amount of damages; setting aside default judgments; and stay of undefended cases.
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Summary judgment is used where a purported defence can be shown to have no real prospect of success and there is no other compelling reason why the case should be disposed of at trial. The procedure for entering summary judgment is not limited to use by claimants against defendants. Defendants may apply for summary judgment to attack weak claims brought by claimants. This chapter discusses time for applying for summary judgment; defendant’s application for summary judgment; excluded proceedings; orders available; amendment at hearing; other compelling reasons for a trial; directions on summary judgment hearing; and specific performance, rescission, and forfeiture in property cases.
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This chapter discusses the rules for judicial review. Judicial review lies against public bodies and must be brought by a person with a sufficient interest. There are six remedies available on applications for judicial review (quashing order, mandatory orders, prohibitory order, declaration, injunction, and money awards). Before commencing judicial review proceedings, a claimant should comply with the judicial review pre-action protocol. Permission must be sought to proceed with a claim for judicial review. Defendants must be served with the judicial review claim form, and unless they acknowledge service they cannot appear at the permission hearing unless the court allows them to attend.
Chapter
After proceedings commence by issuing a claim form or other originating process, they must be brought to the attention of the defendants or respondents by service. Generally, originating process remains valid for the purpose of service for a period of four months. Service of proceedings marks a watershed in the litigation process. It is at this point that the defendant is put on formal notice that legal proceedings have been brought, and the time limit on service of proceedings is one which is relaxed with extreme caution. This chapter discusses periods of validity; power to renew; claims in respect of cargo carried by sea; multiple defendants; effect of stay; procedure on seeking an extension; and challenging an order granting an extension.
Chapter
This chapter discusses the procedure for defendants responding to the claim. A defendant who intends to contest proceedings must respond to the claim by filing an acknowledgment of service and/or by filing a defence. Defended claims become subject to the court’s case management system, with the court making provisional track allocation decisions, followed by the parties filing directions questionnaires. If a defendant fails to make any response to a claim a default judgment is usually entered within a relatively short period after service.
Chapter
Judgment in default may be entered where the defendant fails to defend a claim. It produces a judgment in favour of a claimant without holding a trial. This chapter discusses when default judgment may be entered; cases excluded from judgment in default; entering default judgment; final judgment and judgment for an amount to be decided; deciding the amount of damages; setting aside default judgments; and stay of undefended cases.
