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Evidence Notes

LPC Law Notes > Criminal Litigation Notes

This is an extract of our Evidence document, which we sell as part of our Criminal Litigation Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Criminal Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Evidence Competence & Compellability of Witnesses Witness?

For Whom?

Ordinary Witness

Prosecution

Yes (s.53(1) YJCEA)

Yes

Defence

Yes (s.53(1) YJCEA)

Yes

Defendant

Prosecution

No (s.53(4) YJCEA)

No

Defence

Yes (s.1 CEA)

No, but adverse inferences may be made (s.35 CJPOA)

Prosecution

No (s.53(4) YJCEA)

No

Co-Defendant

Yes (s.1 CEA)

No (s.1(1) CEA)

Themselves

Yes (s.1 CEA)

No, but adverse inferences may be made (s.35 CJPOA)

Co-Defendant

Spouse of Defendant

Competence?

Compellability?

Prosecution

Yes (s.53(1) YJCEA)

Yes (s.80(2A)(b) PACE) - only if s.80(3) PACE applies

Defence (married to D)

Yes (s.53(1) YJCEA)

Yes (s.80(2) PACE) unless jointly charged with D (s.80(4) PACE)

Co-Defendant

Yes (s.53(1) YJCEA)

Yes (s.80(2A)(b) PACE) - only if s.80(3) PACE applies

Bad Character Evidence Identify Issue

* Violence, or dishonesty, sexual offences etc. Propsensity: Description

* Defendant has the propsensity to commit another offence of the same description (s.103(1) (a)). See s.103(4)(a) & (b) for description

* R v Hansen - similar offences can now be included

* Defendant has the propsensity to commit another offence of the same category (s.103(2)) Length of Time & Fairness

* s.103(3) time length means offences can be ignored

* s.101(3) - adverse effect on the fairness of proceedings - previous convictions not introduced Conclude

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