Review: Phipson on Evidence
| Author | Zoe James,Rob Jerrard |
| DOI | 10.1350/pojo.2008.81.3.423 |
| Published date | 01 September 2008 |
| Date | 01 September 2008 |
| Subject Matter | Review |
ZOE JAMES
Reviews Editor
Z.James@plymouth.ac.uk
REVIEWS
PHIPSON ON EVIDENCE
Sixteenth Edition, with First Supplement, October 2007
General editor, Hodge M. Malek
Sweet & Maxwell, 2005
ISBN: 0421874708; price: £399 hardback
Reviewed by Rob Jerrard
To say that Phipson goes back a long way would be an under-
statement, the first edition being issued in 1892; therefore it was
116 years ago that Sidney L. Phipson produced what would have
been a smaller volume. As one can see by looking through the
previous editions, some familiar names have been associated as
editors.
When the first edition was published, the Criminal Evidence
Act 1898 still lay in the future and an accused person could not
give sworn evidence in his own defence. If we go back even
further we find lawyer-free trials. John Hostettler in Fighting for
Justice the History and Origins of Adversary Trials (Waterside
Press, 2006) quoting from year books, 30 & 31 (Roll Series)
pp.529–30 tells us:
Both trial by jury and trial by barristers have existed in Eng-
land since the thirteenth century. Yet from early in the thir-
teenth century until the eighteenth century, by law, following
a landmark case in the reign of Edward I (1273–1307),
prisoners in trials of treason and felony were not allowed to
have counsel appear for them, even though the sentence for
treason and felony was capital. The rule prohibiting counsel
did not apply to the prosecution and this left defendants at a
severe disadvantage for centuries to come, particularly in
trials for treason, where the Crown was always represented.
The current position is as follows.
Evidence on Behalf of the Defence
The Criminal Evidence Act 1898 sets out the position of whether
an accused person is competent and compellable for the Defence.
Section 1 of the 1898 Act states:
272 The Police Journal, Volume 81 (2008)
DOI: 10.1358/pojo.2008.81.3.423
To continue reading
Request your trial