Competence & Compellability:

Competence & Compellability: Post YJCEA 1999 law is much simpler Murphy on Evidence s.53 all persons competent to give deduction draw neertheless competent witnesses are compellable except the accused his/her match DPP v M - child of four might be acceptable if unadorned compare to R v Sparks (1964) rumour secernate of a girl of three but under DPP v M could perhaps have given assure herself G v DPP court doesnt need adroit testimony with escort to childs competence it is a matter for the court to begin with s80 of PACE spouse seldom competent and never compellable R v Pearce 2002 provisions only apply to spouses not children or unwed partners - ?discrimination/ inconsistency with ECHR (gays) Civil ex-spouse incompetent for spot of marriage. Criminal s80(5) PACE ex-wife = never been married R v Cruttenden CEA 1891 s.1 YJCEA s.53-56 PACE s.80-80A R v Wallwork (1958) girl complained to Gmum about IA from Gdad Gmums testimony acce pted w/out little girl credential: S32 CJPOA abolished the need for corroboration R v Baskerville (1916) relevant, admissible and credible evidence, originating from a witness independent of the witness requiring corroboration, and implicating the accused in a bodily particular RTA 1984 s.

89 excessive speed requires more than flair witness (obviously doesnt include a radar hoagy etc, as this is fact evidence) Treason Act 1895 two or more witnesses for High Treason s.13 Perjury Act 1911 Childrens evidence doesnt require corroboration or a warning R v Mananjuola (1995) - corroboratio n warning understanding of the assess no n! eed to take special aid with sexual offense complainants and their evidence R v Turnbull (1977) label should warn jury against relying completely on id evidence mistakes throne be made and should shade at quality of evidence if id is too poor judge should remove jury and hold defendant Burden/Standard of cogent evidence: evidentiary burden at...If you want to get a beneficial essay, send it on our website: BestEssayCheap.com

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