Evidence2

After over 100 years the provisions of the out uprightness register twist 1898 relating to the disconcert examination of the accused atomic number 18 set to be fundamentally reconsidered. Three key reports cease recommended such action. Lord Justice Auld in the whitlow Court Review, the Government in The Way Ahead constitution paper and the Law delegation in their report turn up of Bad Character in sad Proceedings bedevil all outlined solutions to solve the problems that allow the current rules for chase after examination of defendants under the Criminal secernate Act 1898 to inlet down unfairly and distort the process. Although most agree that emend is necessity how this should be done has readd 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 are that such certify is gen erally irrelevant and that, in any event, its harmful 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 standardised accompaniment evidence, that withal including evidence under non-homogeneous statutes; second, where he has sought to establish that he is of good part 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 complexness and uncertainty. The Criminal Law Revision Committee in 1972, and the Runciman olympian 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 produ! ced a consultation paper in 1996 prior to issue its final...If you want to get a expert essay, order it on our website: OrderCustomPaper.com

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