| Preface to the Second Edition |
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| Abbreviations |
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xxxvi | |
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1 | (40) |
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Hearsay rule and the rise and fall of the exclusionary rules of evidence |
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2 | (3) |
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Scope and evolution of the hearsay rule |
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5 | (4) |
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Hearsay rule in criminal law as it stood before the 2003 reform: justifications for the rule |
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9 | (5) |
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Criticisms of the hearsay rule |
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14 | (6) |
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Hearsay rule as seen by legal writers |
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20 | (2) |
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The `directness principle' or `best evidence' approach |
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22 | (3) |
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Abolition of the hearsay rule in civil proceedings |
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25 | (2) |
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Background to the 2003 reform: Criminal Law Revision Committee, Fraud Trials Committee, Law Commission and Auld Review |
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27 | (5) |
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Reform: Criminal Justice Act 2003, Part 11, Chapter 2 |
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32 | (3) |
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Conclusion: provisional assessment of the reform |
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35 | (4) |
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39 | (1) |
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40 | (1) |
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2 Hearsay and the European Convention on Human Rights |
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41 | (34) |
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The confrontation principle |
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41 | (2) |
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43 | (3) |
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Who is a `witness' for the purposes of ECHR, Article 6(3)(d)? |
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46 | (2) |
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What is meant by `a right to examine or have examined witnesses against him'? |
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48 | (7) |
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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)? |
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55 | (16) |
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The defendant's right to confrontation---the case for a new system of taking evidence ahead of trial |
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71 | (4) |
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3 The scope of the reform, the shape of the new exclusionary rule and the new scheme of exceptions |
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75 | (20) |
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General scope of the new law |
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75 | (1) |
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Abolition of the common law exclusionary rule: the demise of Kearley |
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75 | (3) |
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The new exclusionary rule: CJA 2003, sections 114(1) and 115 |
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78 | (10) |
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The new definition of hearsay: conclusion |
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88 | (4) |
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92 | (3) |
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4 Hearsay admitted by agreement |
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95 | (6) |
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5 The `inclusionary discretion' and the general discretion to exclude |
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101 | (28) |
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Discretionary inclusion under CJA 2003, section 114(1)(d): `safety-valve' or alternative tap? |
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101 | (5) |
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What are `the interests of justice'? |
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106 | (5) |
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Particular applications of section 114(1)(d) |
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111 | (11) |
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Discretionary exclusion: Pace, section 78 and CJA 2003, section 126 |
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122 | (7) |
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6 Statements of witnesses who are unavailable (CJA 2003, section 116) |
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129 | (22) |
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History: earlier provisions |
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129 | (2) |
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The new provision: CJA 2003, section 116 |
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131 | (20) |
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7 Documentary hearsay (CJA 2003, section 117) |
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151 | (14) |
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151 | (1) |
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Underlying issue: `records' of different types |
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152 | (1) |
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153 | (8) |
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Extra conditions for the admissibility of police records |
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161 | (2) |
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163 | (1) |
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Documentary evidence and real evidence |
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164 | (1) |
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CJA 2003, section 117: conclusion |
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164 | (1) |
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8 Other statutory exceptions |
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165 | (6) |
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9 Preserved common law exceptions (CJA 2003, section 118) |
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171 | (16) |
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172 | (1) |
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Reputation as to character |
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173 | (1) |
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Reputation or family tradition |
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174 | (2) |
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176 | (4) |
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180 | (1) |
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Admissions by agents, etc |
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181 | (1) |
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182 | (3) |
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185 | (2) |
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10 Confessions (and other extra-judicial statements by defendants) |
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187 | (26) |
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187 | (2) |
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Defendant's extra-judicial confession as evidence for the prosecution |
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189 | (12) |
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Defendant's extra-judicial `non-confession' as evidence for the defence: mixed statements', etc |
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201 | (2) |
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Extra-judicial statement of one co-defendant as evidence against another |
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203 | (6) |
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Extra-judicial statements of one co-defendant as evidence for another |
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209 | (3) |
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Defendant's extra-judicial statements: conclusion |
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212 | (1) |
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213 | (8) |
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12 The rule against narrative |
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221 | (24) |
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221 | (4) |
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Rule against narrative is retained |
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225 | (1) |
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Rules about `refreshment of memory' are relaxed |
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226 | (3) |
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Other common law exceptions to the rule are reformed and put into statutory form |
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229 | (7) |
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Where the previous statement of a witness is admissible, it is now `evidence of any matter stated in it' |
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236 | (7) |
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A practical point: a previous statement, if in documentary form, must not normally be given to the jury when it retires |
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243 | (1) |
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The rule against narrative: conclusion |
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243 | (2) |
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13 Videotaped evidence-in-chief |
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245 | (10) |
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245 | (1) |
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245 | (7) |
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Annex: Youth Justice and Criminal Evidence Act 1999, section 27 |
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252 | (3) |
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14 Other matters: experts (CJA 2003, section 127) and proof of documents (section 133) |
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255 | (6) |
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Expert evidence: preparatory work |
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255 | (2) |
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Documents: evidential status of a copy |
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257 | (4) |
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261 | (22) |
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Taking, recording and preservation of statements, and the rules on access to them |
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261 | (5) |
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266 | (1) |
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Requirement to give notice of hearsay evidence: criminal procedure rules |
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267 | (2) |
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Deciding applications to admit hearsay evidence and applications for hearsay to be excluded |
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269 | (3) |
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Time and place for deciding on the application |
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272 | (1) |
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Giving reasons for the decision |
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272 | (1) |
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Credibility of non-witnesses whose statements are admitted |
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273 | (2) |
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Enhanced status of a witness's previous statements |
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275 | (2) |
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Stopping the case where the evidence is unconvincing |
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277 | (2) |
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279 | (4) |
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Appendix I Criminal Justice Act 2003, sections 114-141 |
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283 | (18) |
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Appendix II The Criminal Procedure Rules, Part 34 |
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301 | (10) |
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Appendix III Sections on hearsay evidence from the Crown Court Bench Book Companion |
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311 | (10) |
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Appendix IV Leading Cases |
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321 | (138) |
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321 | (12) |
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R v Horncastle and others (CA) |
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333 | (39) |
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R v Horncastle and others (SC) |
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372 | (30) |
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Al-Khawaja and Tahery v UK |
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402 | (29) |
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R v Riat, Doran, Wilson, Clare and Bennett |
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431 | (22) |
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453 | (6) |
| Index |
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459 | |