TAILIEUCHUNG - HEARSAY EVIDENCE IN CRIMINAL PROCEEDINGS

In 1994, the Law Commission were kind enough to engage me as a consultant on their project on the hearsay rule in criminal proceedings, and a year later I saw my input reflected in the sections of the resulting Consultation Paper where the rule was examined, the justifications for it were analysed together with the problems that it causes, the Strasbourg case law was analysed, and where readers were shown how the underlying issues are handled by the courts in France and Germany. | HEARSAY EVIDENCE IN CRIMINAL PROCEEDINGS JR Spencer HEARSAY EVIDENCE IN CRIMINAL PROCEEDINGS The Criminal Justice Act 2003 re-wrote the hearsay evidence rule for the purpose of criminal proceedings enacting the recommendations of the Law Commission together with some proposals from the Auld Review. Since the new provisions came into force a body of case-law has interpreted them and in particular given guidance as to how the new inclusionary discretion should be exercised. Following the style of his earlier book about the new law on bad character evidence the central part of Professor Spencer s book on hearsay evidence consists of section-by-section commentary on the relevant provisions of the Act. The commentary is preceded by chapters on the history of the hearsay rule and the requirements of Article 6 3 d of the European Convention on Human Rights. It is followed by an appendix containing the text of the statutory provisions and a selection of the leading cases. Volume 5 in the Criminal Law Library series Criminal Law Library Volume 1 Self-Defence in Criminal Law Boaz Sangero Volume 2 Evidence of Bad Character JR .

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