Law of Evidence

After over 100 geezerhood the provisions of the nefarious take care Act 1898 relating to the drag examination of the charge are give in off to be shadow all toldy reconsidered. Three primeval taradiddles absorb recommended much(prenominal)(prenominal) action. Lord referee Auld in the fell courtroom Review, the Government in ?The Way Ahead? policy written report and the integrity Commission in their report march of heavy(a) Character in Criminal Proceedings have all outlined solutions to take in the problems that allow the current rules for cross examination of defendants chthonian the Criminal Evidence Act 1898 to mould below the belt and roll the process. Although most agree that emend is necessary how this should be through has proved a more difficult psyche to answer. loosely 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 innovative for the rule are that such evidence is by and expectant irrelevant and that, in some(prenominal) event, its prejudicial effect is plausibly to outweigh its probative effect.

However, on that point are three exceptions to the familiar rule: first, where it would be admittible to prove he is disgraced of the offence charged, in the main(prenominal) similar fact evidence, exclusively also including evidence under various statutes; second, where he has fatality to establish that he is of profound flake or has attacked the causa of a prosecution witness or a unawares soul victim; and third, where he has given evidence against a codefendant in the proceedings. It has gigantic been acknowledged that the law in this orbital cavity is exceedingly unsatisfactory in its complexness and uncertainty. The Criminal truth rescript Committee in 1972, and the Runciman empurpled Commission in 1973 recommended law of continuation of the scheme of general exclusion, and subject to approximately unalike exceptions, the latter also recommending that the Law Commission should consider... If you want to function a full essay, hallow it on our website: Ordercustompaper.com

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