Law of Evidence

After over 100 years the provisions of the pitiful testify execution 1898 relating to the cross scrutiny of the accused ar pay off to be fundament all toldy reconsidered. leash key reports have recommended such(prenominal) action. Lord Justice Auld in the venomous courtroom Review, the Government in ?The Way onward? 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 electric current rules for cross examination of defendants under the Criminal Evidence Act 1898 to operate below the belt and distort the process. Although most oppose 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 are that such designate is by and large irrelevant and that, in any event, its prejudicial effect is probably to outweigh its important 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 prosecution witness or a dead soul dupe; and third, where he has given evidence against a codefendant in the proceedings. It has long been acknowledged that the law in this orbital caries is highly unsatisfactor y in its complexity and uncertainty. The Cri! minal justice Revision Committee in 1972, and the Runciman Royal Commission in 1973 recommended continuation of the scheme of general exclusion, but subject to or so different exceptions, the latter also recommending that the Law Commission should consider... If you need to get a full essay, order it on our website: OrderEssay.net

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