Book Details
Orange Code:91213
Paperback:377 pages
Publications:
Categories:
Sections:
1. Introduction2. Hearsay and the European Convention of Human Rights3. The Scope of the Reform, the Shape of the New Exclusionary Rule and the New Scheme of Exceptions4. Hearsay Admitted by Agreement5. The ‘Inclusionary Discretion’ and the General Discretion to Exclude6. Statements of Witnesses who are Unavailable (CJA 2003, Section 116)7. Documentary Hearsay (CJA 2003, Section 117)8. Other Statutory Exceptions9. Preserved Common Law Exceptions (CJA 2003, Section 118)10. Confessions (and Other Extra-Judicial Statements by Defendants)11. Multiple Hearsay12. The Rule Against Narrative13. Videotaped Evidence-in-Chief14. Other Matters: Experts (CJA 2003, Section 127) and Proof of Documents (Section 133)15. Practical Issues
Description:
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The UK's Criminal Justice Act 2003 re-wrote the hearsay evidence rule for the purpose of criminal proceedings, enacting the recommendations of the Law Commission together with some proposals from the Auld Review. Since the new provisions came into force, a body of UK case law has interpreted them and, in particular, given guidance as to how the new 'inclusionary discretion' should be exercised. Following the style of his earlier book about the new law on bad character evidence, the central part of author John Spencer's book on hearsay evidence consists of section-by-section commentary on the relevant provisions of the Act. The commentary is preceded by chapters on the history of the hearsay rule, and the requirements of Article 6(3)(d) of the European Convention on Human Rights. It is followed by an appendix containing the text of the statutory provisions and a selection of the leading cases.
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