Competence & Compellability:

Competence & Compellability: Post YJCEA 1999 law is much simpler Murphy on Evidence s.53 all persons competent to give deduction remove sole(prenominal) competent witnesses are compellable except the accused his/her teammate DPP v M - child of four might be acceptable if unadorned compare to R v Sparks (1964) indirect proof of a girl of three but nether DPP v M could perhaps have given exhibit herself G v DPP court doesnt need sound testimony with escort to childs competence it is a matter for the court to begin with s80 of PACE spouse rarely competent and never compellable R v Pearce 2002 provisions only apply to spouses not children or unwed partners - ?discrimination/ inconsistency 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 testim ony accepted w/out little girl credential: S32 CJPOA abolished the need for credentials R v Baskerville (1916) relevant, admissible and credible evidence, originating from a line independent of the witness requiring corroboration, and implicating the accused in a solid particular RTA 1984 s.

89 excessive speed requires more than mind witness (obviously doesnt include a radar 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 sagaciousness of the assess no need to take special look at wit h sexual offense complainants and their evid! ence R v Turnbull (1977) pronounce should warn jury against relying completely on id evidence mistakes stand be made and should shade at quality of evidence if id is too poor judge should remove jury and take over defendant Burden/Standard of cogent evidence: evidentiary burden at...If you want to get a beneficial essay, order it on our website: OrderEssay.net

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