11. Drawing adverse inferences from a defendant’s omissions, lies, or false alibis

Evidence ◽  
2019 ◽  
pp. 456-499
Author(s):  
Roderick Munday
Keyword(s):  
Criminal Justice ◽  
Common Law ◽  
Public Order ◽  
Normal Reaction ◽  
The Core ◽  
Right To Silence ◽  
The Subject

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. A suspect’s silence in response to questioning is liable to arouse suspicion: the normal reaction to an accusation, it is widely believed, is to volunteer a response. This chapter discusses the following: the so-called right to silence; permissible inferences drawn from the defendant’s silence at common law; the failures provisions of the Criminal Justice and Public Order Act 1994: permissible inferences drawn from the defendant’s failure to mention facts, failure to testify, failure or refusal to account for objects etc, or failure to account for presence; permissible inferences drawn from lies told by the defendant: Lucas directions; permissible inferences drawn from false alibis put forward by the defendant.

Evolution of an Erosion

2017 ◽  
Vol 81 (2) ◽  
pp. 103-111
Author(s):  
Cathál MacPartholán
Keyword(s):  
Criminal Justice ◽  
Common Law ◽  
Public Order ◽  
Right To Silence ◽  
The Common ◽  
Legal Contexts ◽  
The Uk ◽  
The Right

This article critically examines the development of statutory restrictions on the common law right to silence in the UK, providing insight from common law, jurisprudence and historical legal contexts, and considering the broader context of the privilege against self-incrimination, and critically evaluates the development restriction of the right, by ss 34–38 of the Criminal Justice and Public Order Act 1994.

11. Drawing adverse inferences from a defendant’s omissions, lies, or false alibis

Evidence ◽  
2017 ◽  
Author(s):  
Roderick Munday
Keyword(s):  
Criminal Justice ◽  
Public Order ◽  
The Core ◽  
The Subject

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: inferences drawn from the defendant’s silence; the silence provisions of the Criminal Justice and Public Order Act 1994; inferences drawn from lies told by the defendant: Lucas directions; inferences drawn from false alibis put forward by the defendant.

9. Misrepresentation and non-disclosure

2020 ◽  
pp. 228-262
Author(s):  
Janet O’Sullivan
Keyword(s):  
Common Law ◽  
The Core ◽  
Statutory Requirement ◽  
The Subject

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines issues related to pre-contractual misrepresentation, which is a vitiating factor. It explains what counts as an actionable misrepresentation and discusses its distinction with the treatment of non-disclosure. It explores the elements for an actionable misrepresentation and the test of cause/reliance. It considers the remedies for misrepresentation, namely rescission which involves setting the contract aside and restoring the parties to the pre-contractual position, and damages, which are available at common law for fraudulent misrepresentation and under the Misrepresentation Act 1967 for other misrepresentations unless the misrepresentor can discharge the burden of reasonable grounds for belief. This chapter also explains that any clause that purports to exclude or restrict liability for misrepresentation is subject to the statutory requirement of reasonableness.

12. Identification evidence

Evidence ◽  
2019 ◽  
pp. 500-528
Author(s):  
Roderick Munday
Keyword(s):  
Common Law ◽  
The Core ◽  
The Subject ◽  
Set Up ◽  
Identification Procedures

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. A committee was set up in the mid-1970s under the chairmanship of Lord Devlin to report on identification evidence and identification procedures. Since publication of the Devlin Report both common law and statute have achieved much in reducing the risk of miscarriages of justice through mistaken identifications. This chapter discusses the following: the inherent unreliability of evidence of identification; the Court of Appeal’s decision in Turnbull; identification procedures and PACE Code D; and assorted methods of identification.

1. The historical origins of the trust

2019 ◽  
pp. 1-13
Author(s):  
JE Penner
Keyword(s):  
Common Law ◽  
The Core ◽  
Administrative Power ◽  
The Subject ◽  
The Common ◽  
The Law ◽  
The Relationship ◽  
Historical Origins

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter traces the historical roots of the trust. The law of trusts is the offspring of a certain English legal creature known as ‘equity’. Equity arose out of the administrative power of the medieval Chancellor, who was at the time the King’s most powerful minister. The nature of equity’s jurisdiction and its ability to provide remedies unavailable at common law, the relationship between equity and the common law and the ‘fusion’ of law and equity, and equity’s creation of the use, and then the trust, are discussed.

5. Witnesses’ previous consistent statements and the remnants of the rule against narrative

Evidence ◽  
2017 ◽  
Author(s):  
Roderick Munday
Keyword(s):  
Criminal Justice ◽  
Video Recording ◽  
The Core ◽  
The Subject

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: the rule excluding previous consistent statements; evidence-in-chief delivered by video recording (Criminal Justice Act 2003, s 137); statements made by the accused when first taxed with incriminating facts; and statements made by the accused when incriminating articles are recovered.

13. Common mistake and rectification

2018 ◽  
Author(s):  
Janet O’Sullivan
Keyword(s):  
Common Law ◽  
Court Cases ◽  
The Core ◽  
Common Mistake ◽  
The Subject

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines the situation where both parties to a contract share a common mistake. It analyses several court cases indicating that certain sorts of mistake can render contracts void at the level of common law. It discusses the doctrine of mistake approach which asserts that certain sorts of common mistake inevitably render a contract void and the construction approach which argues that the effect of common mistake is ascertained by construing and interpreting the contract. This chapter also considers the scope of the equitable remedy of rectification for common and unilateral mistake.

5. The Right to Silence at the Police Station

2018 ◽  
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Criminal Justice ◽  
Public Order ◽  
Police Station ◽  
Right To Silence ◽  
The Right ◽  
Substantive Law

This chapter explains the substantive law governing a defendant’s silence at the police station under ss. 34, 36, and 37 Criminal Justice and Public Order Act (CJPOA) 1994. It covers the risks associated with s. 34 CJPOA 1994; drawing inferences from a failure to account under ss. 36 and 37 CJPOA 1994; and the practical aspects associated with remaining silent.

3. Freehold ownership

2013 ◽  
Author(s):  
Kevin Gray ◽  
Susan Francis Gray
Keyword(s):  
Land Use ◽  
Common Law ◽  
Land Law ◽  
The Core ◽  
The Subject ◽  
New Form ◽  
Primary Form ◽  
Estate Ownership

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. The primary form of ownership in modern land law is freehold ownership – ownership of an estate in ‘fee simple’. This chapter discusses the following: the ways in which various kinds of fee simple estate may be created, transferred, and terminated; the new form of estate ownership – freehold ownership of ‘commonhold land’ – introduced by the Commonhold and Leasehold Reform Act 2002; and the rules (both at common law and in equity) under which covenants relating to land use may be enforced between owners of freehold estates.

5. The Right to Silence at the Police Station

2017 ◽  
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Criminal Justice ◽  
Public Order ◽  
Police Station ◽  
Right To Silence ◽  
The Right ◽  
Substantive Law

This chapter explains the substantive law governing a defendant’s silence at the police station under ss. 34, 36, and 37 Criminal Justice and Public Order Act (CJPOA) 1994. It covers the risks associated with s. 34 CJPOA 1994; drawing inferences from a failure to account under ss. 36 and 37 CJPOA 1994; and the practical aspects associated with remaining silent.

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