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The question of whether (and to what extent) evidence suggesting or proving a fact in issue can be entered into the record and heard by the deciders of fact.
Theoretically, admissibility is decided by a Judge before trial, or away from the jury, according to whether the evidence is more probative than prejudicial to the defendant. In practice, the question is governed by a series of special regimes that guide the exercise of judicial discretion. The major power is under the Police and Criminal Evidence Act 1984, s 78, which allows the Judge to exclude evidence on which the prosecution proposes to rely to be given if it appears to the court that, having regard to all the circumstances, including the circumstances in which the evidence was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it. Other evidential regimes, such as previous sexual history, or bad character, have specific tests and gateways of admissibility for the court to consider.
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Proving the identity of the driverWhere the court is satisfied that the accused was served with a notice under section 172 of the Road Traffic Act 1988 (RTA 1988) and the court has received a statement from the accused confirming that they were the driver, the magistrates will accept that statement as proof of the identity of the driver.Where there is no such statement, either because RTA 1988, s 172 notice was not satisfactorily served in accordance with the Criminal Procedure Rules 2020, SI 2020/759, Pt 4 (CrimPR) or because the offence is not one to which section 172 applies, the magistrates will consider evidence such as details of the registered keeper given to police during questioning or details on the police national database. See: Creed v Scott [1976] RTR 485 (not reported by ³ÉÈËÓ°Òô®) and DPP v Bayliff [2003] EWHC 539 (Admin) (not reported by ³ÉÈËÓ°Òô®).Details of the driver given to the police can be proof of identity. It does not matter if a driver’s licence is produced to prove the name and address or the details are...
This Practice Note considers what constitutes hearsay evidence, when it might be admissible and how to make an application to introduce hearsay evidence. Hearsay evidence is a particularly important aspect of a criminal trial as it can impact the fairness of proceedings. The Practice Note also sets out what the court should consider when deciding whether or not to allow or exclude hearsay evidence.How to identify hearsayThe definition of hearsay is contained in the Criminal Justice Act 2003 (CJA 2003). The essence of hearsay evidence is that it is a second-hand account of a relevant matter. It comprises of four essential elements.There must be:•a statement•made out of court•relied on for the truth of the matter stated, and•the purpose of the maker of the statement is to cause another to believe or act on the facts statedA statementUnder CJA 2003 a statement is broadly defined as any representation of fact or opinion by whatever means. This means that the representation could be made orally, in writing or by a gesture. The...
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Legal opinion letter: for a ship finance transaction [Headed notepaper of law firm issuing the opinion] [insert name and address of Lender] [insert date] Dear [insert name of Lender] Facility Agreement dated [insert date] between [insert name of lender] (the Lender) and [insert name of borrower] (the Borrower) (the Facility Agreement) We refer to [insert number of clause which requires delivery of legal opinion] of the Facility Agreement. This opinion is given in satisfaction of that clause. Unless otherwise defined in this opinion, defined terms in the Facility Agreement shall have the same meanings when used in this opinion. This opinion is governed by English law and is subject to the exclusive jurisdiction of the English courts. 1 Background 1.1 This opinion is given in relation to the English law aspects of a transaction (the Transaction) by which [insert description of transaction]. 1.2 We have acted as English law legal advisers to [insert name of clients] in relation to the Transaction. 1.3 This opinion is...
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In proceedings under the Family Law Act 1996, the applicant has produced as part of their evidence a recording of the respondent made without the respondent’s knowledge. The respondent believes that the applicant has made further covert recordings which have not been disclosed. Is there case law to support that the applicant or their solicitors should disclose copies of all covert recordings made? The law relating to the recording of conversations between private individuals and the use of those recordings in court proceedings is a developing area. As a matter of first principles, there is no offence committed where an individual covertly records a conversation with another individual. The Regulation of Investigatory Powers Act 2000 (RIPA 2000) applies to public bodies but not to individuals. Likewise, the Telecommunications(Lawful Business Practice) (Interception of Communications) Regulations 2000, SI 2000/2699 apply to businesses in respect of the recording of conversations without notice to the person being recorded or in certain specified exceptional circumstances. In Jones v University of Warwick, an enquiry agent...
What are the provisions that govern whether evidence consisting of covertly made recordings may be admissible within private law proceedings under the Children Act 1989? The law relating to the recording of conversations between private individuals and the use of those recordings in court proceedings is a developing area. As a matter of first principles, there is no offence committed where an individual covertly records a conversation with another individual. The Regulation of Investigatory Powers Act 2000 (RIPA 2000) applies to public bodies but not to individuals. Likewise, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000, SI 2000/2699 apply to businesses in respect of the recording of conversations without notice to the person being recorded or in certain specified exceptional circumstances. Recordings may also be breach of the EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR). In M v F (Covert Recordings of children) , Peter Jackson J (as he then was) commented that the exemption within the legislation applying to normal domestic use...
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This Q&A contains links to further guidance on the validity of Wills under Wills Act 1963 and on the possible application of English private international law where the estate's foreign element is the Scottish domicile of the testator or the situs of assets in Scotland at their death.
This week's edition of Arbitration weekly highlights includes: coverage of arbitration-related decisions from England, France, the USA, Australia and the PCA; updates from UNCTAD, VIAC, SCC Arbitration Institute, SCIA, DIAC, updated guidance from the Courts and Tribunals Judiciary on the use of AI and other AI related developments. All this, and more, in our weekly highlights.
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(1)    In any proceedings the court may refuse to allow evidence on which the prosecution proposes to rely to be given if it appears to the court that, having regard to all the circumstances, including the circumstances in which the evidence was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.(2)    Nothing in this section shall prejudice any rule of law requiring a court to exclude evidence.[(3)    . . .]
Admissibility is referenced 1 in UK Parliament Acts
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