Monday, December 9, 2013

Competence & Compellability:

Competence & Compellability: Post YJCEA 1999 law is much simpler Murphy on Evidence s.53 all persons competent to give deduction unless however competent witnesses are compellable except the accused his/her cooperator DPP v M - child of four might be acceptable if unadorned compare to R v Sparks (1964) rumour demo of a girl of three but to a lower place DPP v M could perhaps have given try herself G v DPP court doesnt need in effect(p) 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/ mutual exclusiveness 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 Gm ums testimony accepted w/out little girl credential: S32 CJPOA abolished the need for enfranchisement R v Baskerville (1916) relevant, admissible and credible evidence, originating from a witness independent of the witness requiring corroboration, and implicating the accused in a solid particular RTA 1984 s.
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89 excessive speed requires more than unity witness (obviously doesnt include a radar guess 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 readiness of the assess no need to take spe cial sustenance with sexual offense complai! nants and their evidence R v Turnbull (1977) appraise should warn jury against relying completely on id evidence mistakes mountain be made and should shade at quality of evidence if id is too poor judge should remove jury and gestate defendant Burden/Standard of cogent evidence: important burden at...If you want to get a beneficial essay, rules of order it on our website: OrderEssay.net

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