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Wednesday, October 16, 2013

Competence & Compellability:

Competence & Compellability: Post YJCEA 1999 law is much simpler Murphy on Evidence s.53 all persons competent to give deduction yet just now competent witnesses are compellable except the accused his/her married person DPP v M - child of four might be acceptable if unadorned compare to R v Sparks (1964) rumor exhibit of a girl of three but chthonic DPP v M could perhaps have given assure herself G v DPP court doesnt need practised testimony with escort to childs competence it is a matter for the court to begin with s80 of PACE spouse seldom competent and neer compellable R v Pearce 2002 provisions only apply to spouses not children or unwed partners - ?discrimination/ horror with ECHR (gays) Civil ex-spouse incompetent for spot of marriage. Criminal s80(5) PACE ex-wife = never been married R v Cruttenden CEA 1891 s.1 YJCEA s.53-56 PACE s.80-80A R v Wallwork (1958) girl complained to Gmum about IA from Gdad Gmums testimony acce pted w/out little girl credential: S32 CJPOA abolished the need for certificate R v Baskerville (1916) relevant, admissible and credible evidence, originating from a quotation independent of the witness requiring corroboration, and implicating the accused in a textile particular RTA 1984 s.
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89 excessive speed requires more than nature witness (obviously doesnt include a radar hired gun etc, as this is fact evidence) Treason Act 1895 two or more witnesses for High Treason s.13 Perjury Act 1911 Childrens evidence doesnt require corroboration or a warning R v Mananjuola (1995) - corroboration warning discreetness of the assess no need to take special safe keeping with sexual offense complainants and! their evidence R v Turnbull (1977) pronounce should warn jury against relying completely on id evidence mistakes gouge be made and should shade at quality of evidence if id is too poor judge should remove jury and endure defendant Burden/Standard of cogent evidence: evidential burden at...If you want to get a beneficial essay, tramp it on our website: OrderEssay.net

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