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 covers three areas: confessions, silence of the accused and judicial discretion to exclude improperly obtained prosecution evidence. It explains how the most persuasive, sometimes only, evidence available to the prosecution is a pre-trial confession. While confessions have long been accepted as evidence of guilt, they have also posed risks of unreliability and violation of individual autonomy. Defendants may not be making a true confession or may have been obtained as a result of pressure. Permissible inferences from a pre-trial failure to respond to questions has the crucial difference that such failure alone cannot found a conviction. English law has previously been unwilling to acknowledge the case for excluding evidence which involves the police acting improperly or even illegally.
Book
Maureen Spencer and John Spencer
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flow charts. Concentrate Q&A Evidence offers expert advice on what to expect from your Evidence exam, how best to prepare and guidance on what examiners are really looking for. Written by experienced examiners, it provides clear commentary with each question and answer and bullet points and diagram answer plans plus tips to make your answer really stand out from the crowd and further reading suggestions at the end of every chapter. The book should help the reader identify typical law exam questions, structure a first-class answer, avoid common mistakes, show the examiner what the reader knows and find relevant further reading. After an introduction, the book covers burden and standard of proof, presumptions, competence and compellability, Special Measures Directions, character evidence, hearsay, confessions, the defendant’s silence, improperly obtained evidence, supporting evidence, identification expert opinion, issues in the course of trial, privilege, public policy and mixed questions. The final chapter gives guidance on assessed coursework. The book is suitable for undergraduate law students taking optional modules in Evidence.
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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:
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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)
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. It has been written by experts and 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 to 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. New to this, the sixth edition, is an increased coverage of identification.
