Evidence2

After over 100 years the provisions of the whitlow register twist 1898 relating to the thwart examination of the accused argon set to be fundamentally reconsidered. Three key reports come off recommended much(prenominal) action. Lord Justice Auld in the out virtue Court Review, the Government in The Way Ahead insurance policy paper and the Law delegation in their report usher of Bad Character in sad Proceedings bedevil all outlined solutions to solve the problems that allow the current rules for report examination of defendants under the Criminal inference Act 1898 to shop down unfairly and distort the process. Although most agree that amend is necessity how this should be done has renderd a more than heavy question to answer. Broadly speaking the Criminal Evidence Act 1898, sections 1(2) and 1(3) state that an accused cannot be cross-examined on his or her front misconduct. The main reasons advanced for the rule argon that such certify is generally irrel evant and that, in any event, its detrimental kernel is likely to outweigh its probative effect.

However, there are triad exceptions to the general rule: first, where it would be admissible to prove he is guilty of the offence charged, in the main kindred accompaniment show up, and too including evidence under respective(a) statutes; second, where he has sought to establish that he is of good percentage or has attacked the character of a prosecution witness or a deceased victim; and third, where he has given evidence against a co-defendant in the proceedings. It has long been acknowledged that the law in this area is highly unsatisfactory in its ! complexity and uncertainty. The Criminal Law Revision Committee in 1972, and the Runciman empurpled charge in 1973 recommended continuation of the scheme of general exclusion, but field of force to slightly different exceptions, the latter also recommending that the Law delegation should consider it. In 1994 the Law Commission was asked to do so; it produced a consultation paper in 1996 prior to issue its final...If you want to get a all-encompassing essay, order it on our website: OrderCustomPaper.com

If you want to get a full essay, visit our page: write my paper