Competence & Compellability:

Competence & Compellability: Post YJCEA 1999 honor is much simpler Murphy on Evidence s.53 all persons competent to hand over deduction demur besides competent declarees are compellable except the accused his/her spouse DPP v M - child of four might be acceptable if distinct compare to R v Sparks (1964) hearsay point of a girl of three moreover under DPP v M could perhaps have tending(p) leaven herself G v DPP court doesnt inquire expert testimony with find out to childs competency it is a matter for the court to flummox with s80 of PACE spouse rarely competent and neer compellable R v Pearce 2002 provisions only(prenominal) apply to spouses not children or unwed partners - ?discrimination/repulsion with ECHR (gays) Civil ex-spouse incompetent for fleck 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 accepted w/out little girl certification: S32 CJPOA abolished the need for enfranchisement R v Baskerville (1916) relevant, admissible and credible evidence, originating from a source independent of the witness requiring corroboration, and implicating the accused in a material particular RTA 1984 s.

89 high-spirited speed requires more than angiotensin-converting enzyme witness (obviously doesnt allow a radar heavy weapon etc, as this is fact evidence) fraud Act 1895 two or more witnesses for High Treason s.13 lying under oath Act 1911 Childrens evidence doesnt require corroboration or a admonition R v Mananjuola (1995) - corroboration warning discretion of the assess no need to take picky care with sexual horror complainants and their evidence R v Turnbull (1977) infer should warn jury against relying only on id evidence mistakes lavatory be made and should spook at quality of evidence if id is too poor try on should remove jury and unload defendant Burden/Standard of grievous evidence: Evidential weight down at...If you want to get a beneficial essay, order it on our website: Ordercustompaper.com

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