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

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.

1. Relevance and admissibility of evidence

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 respective functions of judge and jury; the concept of relevance; the so-called ‘best evidence principle’; matters of which proof is unnecessary; judicial findings as evidence; prejudicial evidence, unfairly obtained evidence, and suspect witnesses; and evidence excluded as a matter of public policy.

9. The rule against hearsay

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 rationale underlying a rule against hearsay; hearsay in criminal cases; and hearsay in civil proceedings.

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

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.

10. Confessions

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: what constitutes a ‘confession’ under the Police and Criminal Evidence Act 1984 (PACE), s 82(1)?; at common law, an accused’s silence may amount to an admission, Can a denial ever amount to a ‘confession’ under PACE, s 82(1)?; whether a denial ever amounts to a ‘confession’ under PACE, s 82(1); the conditions of admissibility of confessions under PACE; What if the accused, having first made an inadmissible confession, later makes a further confession that is obtained by proper methods?; Confessions made by mentally handicapped persons (PACE, s 77); the admissibility of evidence discovered in consequence of an inadmissible confession; Using an inadmissible confession to show that the accused speaks, writes, or expresses himself in a particular way; the status of ‘mixed statements’; An accused’s statement to the police is not normally evidence against other co-accused; an accused’s right to use his co-accused’s confession (PACE, s 76A); and confessions by third parties, the prosecution, and the hearsay rule.

7. Evidence of the defendant’s bad character

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: whether or not to admit evidence of a defendant’s misconduct on other occasions; the admission of evidence of a defendant’s bad character in criminal cases; and similar fact evidence in civil cases.

8. The opinion rule and the presentation of expert evidence

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 general rule excluding evidence of opinion; four exceptions to the opinion rule born of necessity; the principal exception to the opinion rule: expert opinion; the presentation of DNA evidence; and the presentation of the Bayes theorem and instructing the jury in mathematical probabilities.

3. Witnesses: competence, compellability, and various privileges

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 competence of witnesses in civil and criminal cases; the compellability of witnesses; sworn and unsworn evidence; privileges enjoyed by certain classes of witness; and public interest immunity.

Introduction

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 introductory chapter discusses the origins of a ‘law of evidence’ and the properties of the law of evidence.

12. Identification evidence

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 inherent unreliability of evidence of identification; the Court of Appeal’s decision in Turnbull; identification procedures and PACE Code D; and Code D and the various methods of identification.