Evidence Law in UK Law
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Woolmington v DPP
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Throughout the web of the English Criminal Law one golden thread is always to be seen that it is the duty of the prosecution to prove the prisoner's guilt subject to what I have already said as to the defence of insanity and subject also to any statutory exception.
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R v Boardman
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The test must be—is the evidence capable of tending to persuade a reasonable jury of the accused's guilt on some ground other than his bad character and disposition to commit the sort of crime with which he is charged? The similarity would have to be so unique or striking that common sense makes it inexplicable on the basis of coincidence.
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E v Secretary of State for the Home Department
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First, there must have been a mistake as to an existing fact, including a mistake as to the availability of evidence on a particular matter. Secondly, the fact or evidence must have been "established", in the sense that it was uncontentious and objectively verifiable. Fourthly, the mistake must have played a material (not necessarily decisive) part in the Tribunal's reasoning.
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Lazard Brothers & Company v Midland Bank Ltd
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I shall deal first with question (2) which is most important and is decisive, since it is clear law, scarcely needing any express authority, that a judgment must be set aside and declared a nullity by the Court in the exercise of its inherent jurisdiction if and as soon as it appears to the Court that the person named as the judgment debtor was at all material times at the date of writ and subsequently non-existent: such a case is a fortiori than the case which Lord Parker referred to in Daimler Co. v. Continental Tyre Co.
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Myers v DPP
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I have never taken a narrow view of the functions of this House as an appellate tribunal. The common law must be developed to meet changing economic conditions and habits of thought, and I would not be deterred by expressions of opinion in this House in old cases. If we are to extend the law it must be by the development and application of fundamental principles. We cannot introduce arbitrary conditions or limitations: that must be left to legislation.
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R v Kilbourne
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Evidence is relevant if it is logically probative or disprobative of some matter which requires proof. It is sufficient to say, even at the risk of etymological tautology, that relevant (i.e., logically probative or disprobative) evidence is evidence which makes the matter which requires proof more or less probable. Evidence is admissible if it may be lawfully adduced at a trial.
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Maxwell v DPP
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This would have offended against one of the most deeply rooted and jealously guarded principles of our criminal law, which, as stated in Makin v. Attorney-General for New South Wales [ 1894 A.C. 57] is that "it is undoubtedly not competent for "the prosecution to adduce evidence tending to show that the accused has been guilty of criminal acts other than those covered by the indictment for the purpose of leading to the conclusion that the accused is a person likely from his conduct or character to have committed the offence for which he is being tried."
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Serious Crime Act 2015
... ... (9) No information given by a person under this section is admissible in evidence in proceedings against that person for an offence." ... Appeals 3 Appeals ... (1) In section 31 of the Proceeds of Crime Act 2002 (appeal to ... ...
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Criminal Procedure Act 1865
... Anno Regni VICTORI, Britanniarum Regin,Vicesimo Octavo & Vicesimo Nono. An Act for amending the Law of Evidence and Practice on Criminal Trials. (28 & 29 Vict.) C A P. XVIII ... [9th May 1865] ... 'WHEREAS it is expedient that the Law of Evidence and Practice ... ...
- Evidence Act 1851
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Criminal Justice and Courts Act 2015
... ... (5) In section 37B of the Police and Criminal Evidence Act 1984 (consultation with the Director of Public Prosecutions) , in subsection (7) , after “such a caution” insert “ (whether because of ... ...
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The fate of evidence law: Two paths of development
Evidence law was famously deemed ‘the child of the jury’, its development widely perceived as a by-product of the jury trial. Conventional wisdom tells us that juries, because of their cognitive an...
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The peculiarity of American evidence law: An outsider's observation and reflection
American evidence law is puzzling. It is essentially a large class of exclusionary rules barring certain types of otherwise relevant evidence from reaching the trier of fact at trial, although the ...
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The influence of Professor J.H. Wigmore on evidence law in Australia
Professor John Henry Wigmore (1863–1943) was an immensely significant international jurist. Much has been written about his accomplishments and scholarship and his influence on Anglo-American juris...
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Simply Unconvincing: The High Court on Probative Value and Reliability in the Uniform Evidence Law
Exclusion of evidence when its probative value is exceeded by its risk of creating unfair prejudice has long been a fundamental safeguard against unfair trials and wrongful convictions. In 2016, IM...
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House of Commons’ European Scrutiny Committee call for evidence regarding retained EU Law
On 31 January 2022, the House of Commons’ European Scrutiny Committee published a call for evidence into the future of retained EU law in the UK’s statute books. The Committee has launched this inq...
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House of Commons’ European Scrutiny Committee call for evidence regarding retained EU Law
On 31 January 2022, the House of Commons’ European Scrutiny Committee published a call for evidence into the future of retained EU law in the UK’s statute books. The Committee has launched this inq...
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Why did commonhold fail? The Law Commission issues call for evidence asking for the industry’s views
The Law Commission has issued a call for evidence on commonhold law to understand why commonhold as a form of ownership has proved to be so unattractive to the property market.
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UK Law Commission Calls for Evidence on Operation of the System for Intermediated Securities
The UK Law Commission has published a Call for Evidence on the system for intermediated securities. The Call for Evidence will inform the Commission's scoping study to assess the current state of t...
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Application for Certificate to Levy Distress
Enforcement forms including forms used by judges.... ... of the law of distress ... Please give any information below which may assist the judge in considering your case, for example ... evidence of knowledge of the law of distress ... The successful completion of the examination ... of the Certified Bailiffs’ Association will be ... ...
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Annex C - Application for establishment of a decision
Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).... ... evidence relating to parentage ... Decision of competent authority concerning parentage ... Genetic test results ... ... ...
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Application for permission to appeal to Upper Tribunal from First-tier Tribunal (General Regulatory Chamber)
Forms relating to the General Regulatory Chamber (First-tier Tribunal), including notice of appeal.
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Annex D - Application for modification of a decision
Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).... ... Complete text of the decision from the State of origin ... Evidence establishing a change in income or other change in circumstances ... Written agreement between the parties related to modification of ... ...