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E-raamat: Hearsay Evidence in Criminal Proceedings [Hart e-raamatud]

(University of Cambridge, UK)
  • Formaat: 506 pages
  • Sari: Criminal Law Library
  • Ilmumisaeg: 24-Jan-2014
  • Kirjastus: Hart Publishing
  • ISBN-13: 9781782252931
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  • Hart e-raamatud
  • Hind: 52,48 €*
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  • Formaat: 506 pages
  • Sari: Criminal Law Library
  • Ilmumisaeg: 24-Jan-2014
  • Kirjastus: Hart Publishing
  • ISBN-13: 9781782252931
Teised raamatud teemal:
The UK's Criminal Justice Act 2003 re-wrote the hearsay evidence rule for the purpose of criminal proceedings in the UK, enacting the recommendations of the Law Commission together with some proposals from the Auld Review. In 2008, Professor J.R. Spencer wrote a book explaining the new law, intended for practitioners, as well as academics. Following the style of an earlier book by Spencer about the new law on bad character evidence, the core of the 'hearsay' book was a section-by-section commentary on the relevant provisions of the Act, discussing the case law that had interpreted them. Since the appearance of the first edition, the new law on hearsay evidence has been the subject of a spectacular exchange between the UK's Supreme Court and the European Court of Human Rights; the effects of which the Court of Appeal has interpreted in a several leading cases. In this second edition, the commentary is revised to take account of these developments. As with the first edition, the commentary is preceded by chapters on the history of the hearsay rule and the requirements of Article 6(3)(d) of the European Convention on Human Rights. It is followed by an appendix containing the text of the statutory provisions and a selection of the leading cases. The book will be a useful tool for barristers and solicitors appearing in criminal trials and appeals, as well as for practitioners interested in evidence. (Series: Criminal Law Library)
Preface to the Second Edition v
Abbreviations xi
Table of Cases
xiii
Table of Legislation
xxv
Table of Treaties
xxxvi
1 Introduction
1(40)
Hearsay rule and the rise and fall of the exclusionary rules of evidence
2(3)
Scope and evolution of the hearsay rule
5(4)
Hearsay rule in criminal law as it stood before the 2003 reform: justifications for the rule
9(5)
Criticisms of the hearsay rule
14(6)
Hearsay rule as seen by legal writers
20(2)
The `directness principle' or `best evidence' approach
22(3)
Abolition of the hearsay rule in civil proceedings
25(2)
Background to the 2003 reform: Criminal Law Revision Committee, Fraud Trials Committee, Law Commission and Auld Review
27(5)
Reform: Criminal Justice Act 2003, Part 11,
Chapter 2
32(3)
Conclusion: provisional assessment of the reform
35(4)
Scope
39(1)
Date of entry into force
40(1)
2 Hearsay and the European Convention on Human Rights
41(34)
The confrontation principle
41(2)
ECHR, Article 6 (3)(d)
43(3)
Who is a `witness' for the purposes of ECHR, Article 6(3)(d)?
46(2)
What is meant by `a right to examine or have examined witnesses against him'?
48(7)
To what extent, if any, is it ever possible to base a conviction on the evidence of a witness or witnesses whom the defendant was unable to `examine or have examined', without infringing his rights under ECHR, Article 6(3)(d)?
55(16)
The defendant's right to confrontation---the case for a new system of taking evidence ahead of trial
71(4)
3 The scope of the reform, the shape of the new exclusionary rule and the new scheme of exceptions
75(20)
General scope of the new law
75(1)
Abolition of the common law exclusionary rule: the demise of Kearley
75(3)
The new exclusionary rule: CJA 2003, sections 114(1) and 115
78(10)
The new definition of hearsay: conclusion
88(4)
Scheme of exceptions
92(3)
4 Hearsay admitted by agreement
95(6)
5 The `inclusionary discretion' and the general discretion to exclude
101(28)
Discretionary inclusion under CJA 2003, section 114(1)(d): `safety-valve' or alternative tap?
101(5)
What are `the interests of justice'?
106(5)
Particular applications of section 114(1)(d)
111(11)
Discretionary exclusion: Pace, section 78 and CJA 2003, section 126
122(7)
6 Statements of witnesses who are unavailable (CJA 2003, section 116)
129(22)
History: earlier provisions
129(2)
The new provision: CJA 2003, section 116
131(20)
7 Documentary hearsay (CJA 2003, section 117)
151(14)
History
151(1)
Underlying issue: `records' of different types
152(1)
CJA 2003, section 117
153(8)
Extra conditions for the admissibility of police records
161(2)
Discretion to exclude
163(1)
Documentary evidence and real evidence
164(1)
CJA 2003, section 117: conclusion
164(1)
8 Other statutory exceptions
165(6)
9 Preserved common law exceptions (CJA 2003, section 118)
171(16)
Public information, etc
172(1)
Reputation as to character
173(1)
Reputation or family tradition
174(2)
Res gestae
176(4)
Confessions, etc
180(1)
Admissions by agents, etc
181(1)
Common enterprise
182(3)
Expert evidence
185(2)
10 Confessions (and other extra-judicial statements by defendants)
187(26)
Introduction
187(2)
Defendant's extra-judicial confession as evidence for the prosecution
189(12)
Defendant's extra-judicial `non-confession' as evidence for the defence: mixed statements', etc
201(2)
Extra-judicial statement of one co-defendant as evidence against another
203(6)
Extra-judicial statements of one co-defendant as evidence for another
209(3)
Defendant's extra-judicial statements: conclusion
212(1)
11 Multiple hearsay
213(8)
12 The rule against narrative
221(24)
Introduction
221(4)
Rule against narrative is retained
225(1)
Rules about `refreshment of memory' are relaxed
226(3)
Other common law exceptions to the rule are reformed and put into statutory form
229(7)
Where the previous statement of a witness is admissible, it is now `evidence of any matter stated in it'
236(7)
A practical point: a previous statement, if in documentary form, must not normally be given to the jury when it retires
243(1)
The rule against narrative: conclusion
243(2)
13 Videotaped evidence-in-chief
245(10)
Introduction
245(1)
Background
245(7)
Annex: Youth Justice and Criminal Evidence Act 1999, section 27
252(3)
14 Other matters: experts (CJA 2003, section 127) and proof of documents (section 133)
255(6)
Expert evidence: preparatory work
255(2)
Documents: evidential status of a copy
257(4)
15 Practical issues
261(22)
Taking, recording and preservation of statements, and the rules on access to them
261(5)
Evidence on commission
266(1)
Requirement to give notice of hearsay evidence: criminal procedure rules
267(2)
Deciding applications to admit hearsay evidence and applications for hearsay to be excluded
269(3)
Time and place for deciding on the application
272(1)
Giving reasons for the decision
272(1)
Credibility of non-witnesses whose statements are admitted
273(2)
Enhanced status of a witness's previous statements
275(2)
Stopping the case where the evidence is unconvincing
277(2)
Directing juries
279(4)
Appendix I Criminal Justice Act 2003, sections 114-141
283(18)
Appendix II The Criminal Procedure Rules, Part 34
301(10)
Appendix III Sections on hearsay evidence from the Crown Court Bench Book Companion
311(10)
Appendix IV Leading Cases
321(138)
R v Twist
321(12)
R v Horncastle and others (CA)
333(39)
R v Horncastle and others (SC)
372(30)
Al-Khawaja and Tahery v UK
402(29)
R v Riat, Doran, Wilson, Clare and Bennett
431(22)
R v Tahery
453(6)
Index 459
JR Spencer KC is Professor of Law in the University of Cambridge and a Fellow of Selwyn College, Cambridge.