By Christopher Allen
This booklet will support these scholars wishing to revise specific themes inside of proof legislation and demonstrates the right way to write solid solutions to questions in examinations. it is going to end up in particular precious for revision because it emphasises these facets of every subject that are of key value, which another way might be obscured at the back of a mass of aspect. The ebook advocates a realistic method of exam questions that calls for scholars to imagine as conscientiously approximately evidence as approximately legislations. This new version displays the effect of the Human Rights Act 1998 on opposite burdens of evidence, improperly acquired facts, and on s forty-one of the formative years Justice and felony facts Act 1999. QA facts should be helpful to all undergraduate scholars of the legislation of proof.
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This ebook will help these scholars wishing to revise specific subject matters inside proof legislation and demonstrates the best way to write solid solutions to questions in examinations. it's going to end up specially priceless for revision because it emphasises these facets of every subject that are of key significance, which in a different way could be obscured in the back of a mass of aspect.
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Additional resources for Evidence: Q & A Series (Q & a Series)
In L v DPP (2002), the Divisional Court upheld the traditional interpretation of s 139 of the Criminal Justice Act 1988, saying that there was a strong public interest in bladed articles not being carried in public without good reason, and that it was not obviously offensive to the rights of the individual to require him to prove a good reason for carrying one. The same approach is very likely to be adopted towards having an offensive weapon in a public place. The judge has almost certainly got her direction on burden right.
For competence, see s 53(1) of the Youth Justice and Criminal Evidence Act (YJCEA) 1999. For compellability, see s 80 of the Police and Criminal Evidence Act 1984, as amended by the YJCEA 1999. Is this a ‘specified offence’? Note Doris’s age at the time of the accident. How should ‘involves’ in s 80(3)(a) be interpreted? (ii) Freddie. For competence, see s 53(1) of the YJCEA 1999. Note s 55(2)(a). Presumptions, Competence and Compellability 31 The civil trial (i) Ethel. For competence, see Ex p Fernandez (1861).
Part (a) obviously deals with the burden and standard of proof. The question is whether the judge has directed the jury adequately. The answer is that she has, but note how you can show your knowledge effectively to the examiner when saying so. Without being at all irrelevant, the following points can be made: • the need to provide a correct direction on both the burden and the standard of proof; Burden and Standard of Proof • • • • • 19 the proper direction on the burden of proof; the application of that test to what was said in this case; the proper direction on the standard of proof; it is not a particular formula but the effect of the summing up as a whole that matters; Kritz (1950) and Walters v R (1969).