Admissibility and exclusion of evidence

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Admissibility and exclusion of evidence guidance:

What is bad character? The Criminal Justice Act 2003 (CJA 2003) governs the admissibility of the 'bad character' of a defendant. The starting point is to identify whether...

Practice Note

How to identify hearsay The definition of hearsay is contained in the Criminal Justice Act 2003 (CJA 2003). It comprises of four essential elements. There must be: • a...

Practice Note

Breach of PACE Codes of Practice The arrangement and conduct of identification procedures are governed by the Police and Criminal Evidence Act 1984 (PACE 1984) Codes of...

Practice Note

What is a confession? A confession is broadly defined in the Police and Criminal Evidence Act 1984 (PACE 1984) as any statement which is wholly or partly adverse to the...

Practice Note

The test for exclusion under PACE 1984, s 78 An accused has no entitlement to have evidence excluded simply because it has been obtained unlawfully. To protect an accused...

Practice Note
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