Voir Dire in UK Law

Leading Cases
  • R v Early (John)
    • Court of Appeal (Criminal Division)
    • 26 Jul 2002

    The integrity of our system of criminal trial depends on judges being able to rely on what they are told by counsel and on counsel being able to rely on what they are told by each other. It is likely that the prosecution case will be regarded as tainted beyond redemption, however strong the evidence against the defendant may otherwise be. Ignorance of material which goes merely to credibility of a prosecution witness does not justify reopening a plea of guilty.

  • R v Looseley
    • House of Lords
    • 25 Oct 2001

    By recourse to this principle courts ensure that executive agents of the state do not misuse the coercive, law enforcement functions of the courts and thereby oppress citizens of the state. It is simply not acceptable that the state through its agents should lure its citizens into committing acts forbidden by the law and then seek to prosecute them for doing so. That would be a misuse of state power, and an abuse of the process of the courts.

  • R v Mhs
    • Court of Appeal (Criminal Division)
    • 29 Nov 2012

    As a result of the decision of this court and the Supreme Court in R v Horncastle, 26 and the decisions of this court in R v Ibrahim27 and R v Riat, 28 the framework to be considered to decide whether hearsay evidence should be admitted pursuant to the statutory framework set out in Chapter 2 of Part 11 of the CJA 2003 is clear.

  • R v H (1995)
    • House of Lords
    • 24 May 1995

    And fourthly where this is not so but the question of collusion has been raised the judge must clearly draw the importance of collusion to the attention of the jury and leave it to them to decide whether notwithstanding such evidence of collusion as may have been put before them they are satisfied that the evidence can be relied upon as free from collusion and tell them that if they are not so satisfied they cannot properly rely upon it as corroboration or for any other purpose adverse to the defence.

  • R (Adams) v Secretary of State for Justice; Re McCartney & McDermott
    • Supreme Court
    • 11 May 2011

    Under common law procedures the evidence that is permitted to be placed before the jury is screened by a number of rules that are designed to avoid the risk that the jury will be unfairly prejudiced and to ensure that the trial is fair. Thus section 78 of the Police and Criminal Evidence Act 1984 gives the judge a general jurisdiction to exclude evidence on the grounds of fairness and section 76A of the same Act contains a little code governing the admissibility of a confession.

  • Secretary of State for Trade and Industry v Bairstow
    • Court of Appeal (Civil Division)
    • 11 Mar 2003

    In my view these cases establish the following propositions:

  • R v Chalkley ; R v Jeffries
    • Court of Appeal (Criminal Division)
    • 18 Dic 1998

    Thus, a conviction would be unsafe where the effect of an incorrect ruling of law on admitted facts was to leave an accused with no legal escape from a verdict of guilty on those facts. A change of plea to guilty in such circumstance would normally be regarded as an acknowledgment of the truth of the facts constituting the offence charged.

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    • UK Non-devolved
    • 1 de Enero de 1903
    ...... day been pleased, by and with the advice of His Privy Council, to direct that Letters Patent be passed under the Great Seal of the United Kingdom ... the witnesses objected to shall be called and examined on the "voir dire". If any error or mistake be discovered in any list of witnesses ......
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Books & Journal Articles
  • Personality, belief in a just world, and attitudes toward criminal responsibility defenses: a preliminary study
    • Núm. 5-1, Febrero 2019
    • Journal of Criminological Research, Policy and Practice
    • 1-12
    Purpose: In Canada, if it can be proven that a defendant was suffering from a mental disorder at the time they committed an offense, they can be found Not Criminally Responsible on Account of Menta...
    ...... of career roles relating to insanity defense bias; and improving the voir dire process. Originality/value – The results of this study may be used ......
  • Evidence in Sexual Assault Cases: The Scottish Proposal and Alternatives
    • Núm. 47-6, Noviembre 1984
    • The Modern Law Review
    ...... in Scotland, it is the judges themselves who are directly responsible for the present situation in which sexual history ... of the exceptional categories set out above, then a voir dire should be held. On the other hand, it may be ......
  • R. v. Novac, R. v. Johannsen
    • Núm. 42-1, Enero 1979
    • The Modern Law Review
    ......, and (b) For any other reason it is desirable to direct that the person be tried separately for any one or more ... considering problems of joinder and severance at the voir dire is that it deals with the formulation of the indictment ......
  • The House of Lords and the Northern Ireland Conflict
    • Núm. 57-3, Mayo 1994
    • The Modern Law Review
    ...... on IRA, Sinn Fein, UDA and UVF representatives being directly quoted on TV or radio. Miscarriages of justice in Northern ...In the voir dire proceedings, Brophy admitted, in response to a question from ......
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Law Firm Commentaries
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