| Description |
1 online resource (385 pages) |
| Contents |
Preface ; PREFACE TO THE FIRST EDITION ; CONTENTS; TABLE OF CASES ; TABLE OF LEGISLATION ; TABLE OF TREATIES ; TABLE OF REFERENCES TO STATUTES IN CASES ; 1: Introduction ; Technical Criticisms of the Previous Law ; Radical Criticism ; The Law Commission's Proposals ; The Government's Response: The New Law ; Scheme in Part 11 of the Criminal Justice Act 2003 ; Scope of the Reform ; Is the Readier Admissibility of Evidence of the Defendant's Bad Character Inherently Unfair? |
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Is the Readier Admissibility of the Evidence of the Defendant\u2019s Bad Character Compatible with the European Convention on Human Rights?How Have the Courts Interpreted Part 11(1) of the Criminal Justice Act 2003? ; Status of Explanatory Notes as an Aid to Construction ; To What Extent does the Court have Power to Exclude Evidence of the Bad Character of the Defendant that is Prima Facie Admissible Under Section 101? ; On What Basis should the Courts Exercise their Powers to Exclude Otherwise Admissible Evidence of the Defendant's Bad Character? |
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Coming into Force\u2014Date from which the New Law Applied What has been the Practical Impact of the CJA Reform? ; 2: Definition of 'Bad Character' ; 3: The Bad Character of Non-Defendants ; Evidence Implicating Non-Defendants in the Offence ; Section 100 and Cross-examination of Witnesses as to Character ; Can a Witness be Asked Whether he has a Criminal Conviction? ; Can a Witness be Asked, or Evidence be Led, about Alleged Crimes not Resulting in Conviction? |
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Can a Witness be Asked, or Evidence Led to Suggest, that a Witness has said Something Different to his Courtroom Testimony on an Earlier Occasion? What is the Current Status of R v Rowton? ; What is the Status Now of Toohey v Metropolitan Police Commissioner? ; How does Section 100 Relate to Section 41 of the YJCEA 1999 (Restricting Questions about the Sex Life of a Complainant in a Sex Case)? ; Does Section 100 Apply to 'Non-defendants' who are Dead? ; Does Section 100 Apply to 'Non-Defendants' who are not Identified? ; The Requirement of Leave |
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4: Evidence of the Defendant's Bad Character The 'Gateways' are not Mutually Exclusive ; Initial Uncertainty as to How Far Section 103(1)(a) Admits Evidence of Propensity ; The Bad Character Evidence must be Relevant to a 'Live Issue' in the Case ; The Bad Character Evidence must Shed Light Upon the Issue in Dispute ; A Particular Example: 'Gangland Evidence' ; Showing Propensity by Reference to Convictions for Similar Offences: Section 103(2)\u2013(10) ; The Relationship Between Section 103(2) and 103(1)(a) |
| Notes |
Scope of Section 103(2): The Need for the Previous Conviction to Show Propensity |
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Print version record |
| Subject |
Evidence, Criminal -- England
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Reputation (Law) -- England
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Admissible evidence -- England
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Admissible evidence.
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Evidence, Criminal.
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Reputation (Law)
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England.
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| Form |
Electronic book
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| ISBN |
9781509900060 |
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1509900063 |
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