By J R Spencer
The UK's felony Justice Act 2003 re-wrote the rumour proof rule for the aim of legal complaints within the united kingdom, enacting the innovations of the legislations fee including a few proposals from the Auld overview. In 2008, Professor J.R. Spencer wrote a publication explaining the hot legislations, meant for practitioners, in addition to teachers. Following the fashion of an previous booklet by way of Spencer concerning the new legislations on undesirable personality proof, the center of the 'hearsay' publication used to be a section-by-section remark at the appropriate provisions of the Act, discussing the case legislations that had interpreted them. because the visual appeal of the 1st version, the hot legislations on rumour proof has been the topic of a miraculous alternate among the UK's perfect courtroom and the ecu court docket of Human Rights; the results of which the courtroom of allure has interpreted in a a number of major situations. during this moment version, the statement is revised to take account of those advancements. As with the 1st version, the remark is preceded via chapters at the historical past of the rumour rule and the necessities of Article 6(3)(d) of the ecu conference on Human Rights. it really is by way of an appendix containing the textual content of the statutory provisions and a variety of the prime situations. The e-book might be a useful gizmo for barristers and solicitors showing in felony trials and appeals, in addition to for practitioners attracted to proof. (Series: felony legislation Library)
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Extra info for Hearsay Evidence in Criminal Proceedings (Criminal Law Library)
At the time the Consultation Paper came out it also took up 115 pages of the current edition of Blackstone’s Criminal Practice (LC Consultation Paper, n 31 above, 101). 52 The current (fifth) edition of GJM Corstens, Het Nederlandse strafprocesrecht, the standard 900-page Dutch text on criminal procedure, deals with this area of law in 15 pages. The French equivalent, R Merle and A Vitu, Traité de droit criminal. Procédure pénale (4th edn, 1989) devotes five pages to the subject out of 991. 53 ‘The rule against hearsay is one of the oldest, most complex and most confusing of the exclusionary rules of evidence .
48 But that is not a route down which, in England, either Parliament or the courts had been prepared to go. 38 Then other exceptions to the hearsay rule seemed to be based on the general idea that, although direct evidence is preferable to hearsay, it is stupid to reject hearsay when the original maker of the statement can no longer be produced: for example, CJA 1988, section 23, which made hearsay evidence admissible where the original maker was unable to testify because he was dead, or unavailable for certain other reasons.
Some years ago, I explained, to their mounting puzzlement, the ‘rule against narrative’ to an audience of French judges and prosecutors. When they had finally grasped it, one said: ‘Mais cela vous expose à la fragilité du témoignage oral’ (‘But that exposes you to the weakness of oral testimony’). 25 15:41 Page 10 Introduction This author once heard from a colleague about a case in which the written witness statement that the police had taken from a motorist involved in a collision recorded his words thus: ‘I was driving to Cambridge on the wrong side of the road.