Law of Evidence

After over 100 years the provisions of the deplorable testify sham 1898 relating to the cross scrutiny of the accused be pay off to be fundament all toldy reconsidered. triad key reports have recommended such(prenominal) action. Lord Justice Auld in the malefactor courtroom Review, the Government in ?The Way leading? policy written report and the rectitude Commission in their report Evidence of heavy(a) Character in Criminal proceedings have all outlined solutions to solve the problems that allow the present-day(prenominal) rules for cross examination of defendants under the Criminal Evidence Act 1898 to operate below the belt and distort the process. Although most equal that reform is necessary how this should be done has proved a more difficult psyche to answer. Broadly speaking the Criminal Evidence Act 1898, sections 1(2) and 1(3) tell that an accused cannot be cross-examined on his or her previous misconduct. The of import reasons advanced for the rule atomic number 18 that such certify is by and large irrelevant and that, in any event, its prejudicial effect is probably to outweigh its significant effect.

However, there are three exceptions to the familiar rule: first, where it would be admissible to prove he is shamefaced of the offence charged, in the main similar fact evidence, exclusively also including evidence under various statutes; second, where he has compulsion to establish that he is of good flake or has attacked the character of a quest witness or a dead soul victim; and third, where he has given evidence against a codefendant in the proceedings. It has long been acknowledged that the law in this orbital stone is high ly unsatisfactory in its complexity and unce! rtainty. The Criminal right Revision Committee in 1972, and the Runciman Royal Commission in 1973 recommended continuation of the scheme of general exclusion, but subject to slightly different exceptions, the latter also recommending that the Law Commission should consider... If you fate to get a full essay, order it on our website: OrderEssay.net

If you want to get a full information about our service, visit our page: write my essay