11. The rule against hearsay II

2017 ◽  
Author(s):  
Richard Glover
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Cases ◽  
European Court ◽  
Civil Proceedings ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Decisive Evidence ◽  
Hearsay Evidence ◽  
The Impact

This chapter discusses the statutory exceptions to the inadmissibility of hearsay evidence in criminal cases that were created by the Criminal Justice Act 2003. The impact of the Human Rights Act 1998 on the admissibility of hearsay evidence is discussed, including the important cases of Horncastle and Al-Khawaja and Tahery v United Kingdom, where the Supreme Court and the European Court of Human Rights came into conflict over whether an accused may be convicted where the ‘sole and decisive’ evidence against him is hearsay. The common law exceptions preserved by the Criminal Justice Act 2003 are then considered—res gestae. The chapter ends with discussion of the abolition of hearsay in civil proceedings by the Civil Evidence Act 1995.

5. Case law

Legal Skills ◽  
2019 ◽  
pp. 85-103
Author(s):  
Emily Finch ◽  
Stefan Fafinski
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Case Law ◽  
Court System ◽  
European Court ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Impact

Case law can be broken down into common law, equity, and custom. This chapter begins with a discussion of common law and equity, including a brief history on how these sources came into being. It then turns to custom as a further source of law. It also provides an overview of the court system to illustrate how the various courts in the system link together in a hierarchy. It concludes with a discussion of the European Court of Human Rights and the impact of the Human Rights Act 1998 on case law.

4. Case law

Legal Skills ◽  
2017 ◽  
Author(s):  
Emily Finch ◽  
Stefan Fafinski
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Case Law ◽  
Court System ◽  
European Court ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Impact

Case law can be broken down into common law, equity, and custom. This chapter begins with a discussion of common law and equity, including a brief history on how these sources came into being. It then turns to custom as a further source of law. It also provides an overview of the court system to illustrate how the various courts in the system link together in a hierarchy. It concludes with a discussion of the European Court of Human Rights and the impact of the Human Rights Act 1998 on case law.

5. Case law

2021 ◽  
pp. 94-113
Author(s):  
Emily Finch ◽  
Stefan Fafinski
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Case Law ◽  
Court System ◽  
European Court ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Impact

Case law can be broken down into common law, equity, and custom. This chapter begins with a discussion of common law and equity, including a brief history on how these sources came into being. It then turns to custom as a further source of law. It also provides an overview of the court system to illustrate how the various courts in the system link together in a hierarchy. It concludes with a discussion of the European Court of Human Rights and the impact of the Human Rights Act 1998 on case law.

6. Hearsay evidence

2017 ◽  
Author(s):  
Maureen Spencer ◽  
John Spencer
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
European Convention ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Civil Proceedings ◽  
Hearsay Evidence

This chapter, which focuses on hearsay evidence and its relationship to confessions, first considers the rule against hearsay and its application to out-of-court statements of witnesses in civil and criminal cases. It then looks at statements, both oral and written, and gestures, as well as the admissibility of hearsay in criminal proceedings under the Criminal Justice Act 2003 and, in outline, in civil proceedings under the Civil Evidence Act 1995. The chapter also explains the legal distinction between first-hand (what X told Y) and multiple hearsay (what X told Y who told Z), and concludes by discussing the recent landmark decisions under Article 6(3)(d) of the European Convention on Human Rights (ECHR).

The Impact for the Church of England of the Human Rights Act 1998

2000 ◽  
Vol 5 (27) ◽  
pp. 431-439 ◽  
Author(s):  
Mark Hill
Keyword(s):  
Human Rights ◽  
Church Of England ◽  
European Convention ◽  
The United Kingdom ◽  
European Court ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Government ◽  
The Impact ◽  
Domestic Law

Though the first nation state of the Council of Europe to ratify the European Convention on Human Rights on 18th March 1951, and though permitting individual petition to the European Court in Strasbourg since 1966, the United Kingdom declined to give effect to the Convention in its domestic law until the government recently passed the Human Rights Act 1998. The Act received the Royal Assent in November 1998 and will come into force on 2nd October 2000.

Human Rights and Human Remains: the Impact of Dödsbo v Sweden

2006 ◽  
Vol 8 (39) ◽  
pp. 453-457
Author(s):  
Russell Sandberg
Keyword(s):  
Human Rights ◽  
Human Remains ◽  
European Convention ◽  
Dead Body ◽  
European Court ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law ◽  
The Impact ◽  
Do So

The legal revolution brought about by the Human Rights Act 1998 has affected arcane legal areas such as the law of exhumation, by questioning whether refusal to grant an application to exhume and move a dead body would breach the applicant's human rights under the European Convention on Human Rights (ECHR). While the Consistory Courts have been quick to develop arguments based on human rights, the majority of the European Court of Human Rights in its recent judgment in Dödsbo v Sweden showed a greater reluctance to do so, emphasising the fact that although the refusal to exhume may interfere with the applicant's human rights, such an interference could be valid under the terms of the ECHR.

6. Hearsay evidence

2019 ◽  
pp. 107-131
Author(s):  
Maureen Spencer ◽  
John Spencer
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
European Convention ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Civil Proceedings ◽  
Hearsay Evidence

This chapter, which focuses on hearsay evidence and its relationship to confessions, first considers the rule against hearsay and its application to out-of-court statements of witnesses in civil and criminal cases. It then looks at statements, both oral and written, and gestures, as well as the admissibility of hearsay in criminal proceedings under the Criminal Justice Act 2003 and, in outline, in civil proceedings under the Civil Evidence Act 1995. The chapter also explains the legal distinction between first-hand (what X told Y) and multiple hearsay (what X told Y who told Z), and concludes by discussing the landmark decisions under Article 6(3)(d) of the European Convention on Human Rights (ECHR).

scholarly journals CCTV and Human Rights: the Fish and the Bicycle? An Examination of Peck V. United Kingdom (2003) 36 E.H.R.R. 41

2002 ◽  
Vol 2 (2/3) ◽  
Author(s):  
Caoilfhionn Gallagher
Keyword(s):  
Human Rights ◽  
Private Life ◽  
European Convention ◽  
Public Places ◽  
European Court ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Media ◽  
The Right ◽  
The Impact

This paper analyses and considers the impact of a landmark decision by the European Court of Human Rights in January 2003 which highlighted the inadequacy of U.K. law in protecting the privacy of individuals captured on closed-circuit television (CCTV) cameras in public places. The domestic and Strasbourg decisions in the Peck case are assessed. Analysis of the subsequent responses of Government, the Courts and the media demonstrates that the lessons of Peck have yet to be learnt, and the Human Rights Act 1998 has failed to 'bring rights home' when it comes to Article 8 of the European Convention on Human Rights (ECHR), which guarantees the citizen the right to respect for private life. Privacy in the U.K. is now at best a residual right: what's left after each of an array of competing concerns have their say.

scholarly journals The European Convention on Human Rights Act 2003 – Ten Years On

2014 ◽  
Vol 3 (1) ◽  
pp. 61-96
Author(s):  
Ronagh JA McQuigg
Keyword(s):  
Human Rights ◽  
The State ◽  
European Convention ◽  
General Level ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Impact ◽  
The Relationship

The European Convention on Human Rights Act 2003 has now been in force in Ireland for ten years. This article analyses the Act itself and the impact which it has had on the Irish courts during the first decade of its operation. The use of the European Convention on Human Rights in the Irish courts prior to the enactment of the legislation is discussed, as are the reasons for the passing of the Act. The relationship between the Act and the Irish Constitution is examined, as is the jurisprudence of the Irish courts towards the interpretative obligation found in section 2(1), and the duty placed upon organs of the State by section 3(1). The article ends with a number of observations regarding the impact which the Act has had on the Irish courts at a more general level. Comparisons will be drawn with the uk’s Human Rights Act 1998 throughout the discussion.

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