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Friday, January 10, 2014

Evidence2

After over 100 years the provisions of the out justice register twist 1898 relating to the blast examination of the accused atomic number 18 set to be fundamentally reconsidered. Three key reports hesitate recommended such(prenominal) action. Lord Justice Auld in the bend Court Review, the Government in The Way Ahead insurance policy paper and the Law delegation in their report deduction of Bad Character in sad Proceedings bedevil all outlined solutions to solve the problems that allow the current rules for fall guy examination of defendants under the Criminal severalize Act 1898 to break down down unfairly and distort the process. Although most agree that amend is necessity how this should be done has elicitd a much heavy question to answer. Broadly speaking the Criminal Evidence Act 1898, sections 1(2) and 1(3) state that an accused cannot be cross-examined on his or her front misconduct. The main reasons advanced for the rule ar that such certify is ge nerally irrelevant and that, in any event, its negative kernel is likely to outweigh its probative effect.
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However, there are triad exceptions to the general rule: first, where it would be admissible to prove he is guilty of the offence charged, in the main equivalent accompaniment present, tho excessively including evidence under respective(a) statutes; second, where he has sought to establish that he is of good pillow slip or has attacked the character of a prosecution witness or a deceased victim; and third, where he has given evidence against a co-defendant in the proceedings. It has long been acknowl edged that the law in this area is highly un! satisfactory in its complexity and uncertainty. The Criminal Law Revision Committee in 1972, and the Runciman lofty charge in 1973 recommended continuation of the scheme of general exclusion, but field of force to slightly different exceptions, the latter also recommending that the Law missionary station should consider it. In 1994 the Law Commission was asked to do so; it produced a consultation paper in 1996 prior to issue its final...If you want to get a blanket(a) essay, order it on our website: OrderCustomPaper.com

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