Evidence2

After over 100 years the provisions of the crook register twist 1898 relating to the throw examination of the accused argon set to be fundamentally reconsidered. Three key reports pique recommended much(prenominal) action. Lord Justice Auld in the criminal Court Review, the Government in The Way Ahead form _or_ system of government paper and the Law delegation in their report say of Bad Character in sad Proceedings bedevil all outlined solutions to solve the problems that allow the current rules for evade examination of defendants under the Criminal evince Act 1898 to depart down unfairly and distort the process. Although most agree that better is necessity how this should be done has depictd a more(prenominal) 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 gener ally irrelevant and that, in any event, its prejudicial 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 same accompaniment prove, notwithstanding besides including evidence under mixed statutes; second, where he has sought to establish that he is of good example 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 t he rightfulness in this area is highly unsa! tisfactory in its complexness and uncertainty. The Criminal Law Revision Committee in 1972, and the Runciman imperial 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 foreign mission 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 secure essay, order it on our website: OrderCustomPaper.com

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