Noticeboard
| DOI | 10.1177/1365712719834684 |
| Published date | 01 April 2019 |
| Date | 01 April 2019 |
| Subject Matter | Noticeboard |
Noticeboard
Law reform and source material
Electronic evidence—Europe
Professor Martin Bose, ‘An assessment of the Commission’s proposals on electronic evidence’ (Euro pean
Union: Policy Department for Citizens’ Rights and Constitutional Affairs, September 2018), available at:
This study analyses the European Commission’s recent proposals on cross-border access to electronic
evidence, focusing on implications for territoriality and state sovereignty and fundamental rights of
service providers and users.
False evidence; Fabrication of evidence; Miscarriages of justice—India
Law Commission of India, Wrongful Prosecution (Miscarriage of Justice): Legal Remedies, Report No
277, August 2018, available at: .
Though principally exploring the sorts of remedies that are and should be available in cases of
‘wrongful prosecution’, this report discusses the problems associated with the giving (and fabrication)
of false evidence, in particular by law enforcement.
Forensic evidence—United Kingdom
House of Commons Science and Technology Committee, Biometrics Strategy and Forensic Services.
Fifth Report of 2017–19 (UK House of Commons, May 2018), available at:
ment.uk/pa/cm201719/cmselect/cmsctech/800/800.pdf>.
House of Commons Science and Technology Committee, Biometrics Strategy and Forensic Services:
Government’s Response to the Committee’s Fifth Report (UK Hous e of Commons, October 2018),
available at: .
Two members of staff at Randox Testing Services, a private toxicology forensics lab, were arrested in
February 2017 for manipulating test results. The Forensic Science Regulator advised the House of Com-
mons Science and Technology Committee that this would have implications for many criminal and civil
cases, and that existing methods forensuring the quality of forensicswork would need to be reconsidered.
Partly as a responseto the Randox case, the Committeeaddressed issues pertainingto the sustainability of
the ‘forensics market’, and ‘fragmentation’ in the procurement of forensic services.Concerns were raised
about the lack of accreditation among many police in-house forensic services providers. The Committee
further noted thatthe Randox affair illustrated the needfor compliance auditing. It proposed that the remit
of the Forensics Regulator should be extended to the civil courts forensic system, and recommended that
the Regulator be given statutory powers so that it could ensure that forensic providers seek accreditation
and comply with standards. Finally, it urged the government to revisit the 2016 Forensics Strategy. In
October 2018, the government responded, assuring the Committee that a review is under way.
Disclosure of evidence—United Kingdom
House of Commons Justice Committee, Disclosure of Evidence in Criminal Cases—11th Report of
Session 2017–2019 (House of Commons, 20 July 2018), available at:
uk/pa/cm201719/cmselect/cmjust/859/859.pdf>.
The International Journalof
Evidence & Proof
2019, Vol. 23(1-2) 218–219
ªThe Author(s) 2019
Article reuse guidelines:
sagepub.com/journals-permissions
DOI: 10.1177/1365712719834684
journals.sagepub.com/home/epj
A Report by the House of Commons Justice Committee, following an inquiry sparked by a number of
high-profile failures of the Crown to disclose relevant evidence to the defence, leading to stays of
proceedings. The Committee makes a wide range of recommendations, including: enhanced funding
for the police and Crown Prosecution Service; further study of the impact of cuts to criminal legal aid;
increased collection of data concerning failures of disclosure; clarification of the role of the police and
prosecutor; reconsideration of existing policies concerning disclosure in light of the increased role of
digital evidence; and more.
Confessions; Exclusionary Rules—United Nations
Nils Melzer, Interim report of the Special Rapporteur on torture and other cruel, inhuman or
degrading treatment or punishment (United Nations, October 2018), availa ble at:
org/A/73/207>.
This Report by the UN Special Rapporteur features a number of recommendations concerning steps
that states may take to eradicate torture and cruel and degrading treatment. Notably, it recommends the
adoption of an exclusionary rule for evidence obtained through such methods.
Books
Auchie D (2018) Law Basics: Evidence. 5th ed. Edinburgh: W Green, ISBN: 9780414065352.
Atkinson P (2018) Proof: Canadian Rules of Evidence. 4th ed. Ontario: LexisNexis, ISBN:
9780433495703.
Biber K (2018) In Crime’s Archive: The Cultural Afterlife of Evidence. London: Routledge, ISBN:
9781138927117.
Delisle R, Stuart D, Tanovich D and Dufraimont L (2018) Evidence: Principles and Problems. 12th ed.
Toronto: Thomson Reuters, ISBN: 9780779886555.
Forbes JRS (2018) Evidence Law in Queensland. 12th ed. Pyrmont, NSW: Thomson Reuters, ISBN:
9780455501055.
Hollander C, Documentary Evidence, 13th ed. London: Sweet & Maxwell, ISBN:
9780414069473.
Keane E and Davidson F (eds) Raitt on Evidence: Principles, Policy and Practice. 3rd ed. Edinburgh: W
Green, ISBN: 9780414032958.
Lucraft M (2018) Archbold: Criminal Pleading, Evidence and Practice 2019. London: Sweet & Max-
well, ISBN: 9780414069909.
McAuley J (2018) The Expert Accounta nt in Civil Litigation. 2nd ed. Onta rio: LexisNexis, ISBN:
9780433497202.
Odgers S (2018) Uniform Evidence Law. 13th ed. Pyrmont, NSW: Thomson Reuters, ISBN:
9780455501024.
Odgers S, Peden E and Kumar M (2018) Uniform Evidence Law: Commentary and Materials. 6th ed.
Pyrmont, NSW: Thomson Reuters, ISBN: 9780455241111.
Roberts P and Stockdale M (eds) Forensic Science Evidence and Expert Witness Testimony. Chelten-
ham: Elgar, ISBN: 9781788111027.
Van Rooyen M (2018) Evidential Aspects of Law Enforcement. Cape Town: Juta, ISBN:
9781485126409.
Wilson R (2018) Nutshell: Evidence Law. 5th ed. Pyrmont, NSW: Thomson Reuters, ISBN:
9780455241159.
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