C/L/252. Admission of character evidence under the Criminal Justice Act 2003

The paper examines the provisions of the Criminal Justice Act 2003 that make changes to the rules relating to the admissibility of character evidence. Judicial interpretation of this legislation is considered with relation to character evidence; the impact of the new regime on the admissibility of such evidence is evaluated.

S/L/188. Difference between Reasonable Suspicion and Probable Cause

The paper examines reasonable suspicion and probable cause as the least proofs under the USA law discussing the difference between them, and reviewing the exceptions to the warrant requirement and the amendment rights to Counsel.

S/L/114. Has the judge erred in refusing to use his discretion pursuant to s.78 of the Police and Criminal Evidence Act 1984 in allowing the admission of the DNA evidence?

This paper examines the judicial discretion a judge has under the common law and s.78 of the Police and Evidence Act 1984. It addresses a problem scenario where the decision of a trial judge to admit improperly obtained DNA evidence was challenged by Appeal. The essay addresses case law and relevant case law, as well as a critique of the approach taken by courts. The admission of improperly obtained evidence is also considered in light of ECHR rights, particularly incorporated under the Human Rights Act 1998, and ECHR jurisprudence.

S/L/67. Government reforms on law of evidence and Human Rights Act

Since 2000, there has been a tension in the law of evidence between the effect of the Human Rights Act and the Governments moves to propose or introduce legislative reforms that erode the rights of the accused person. This paper will examine the extent to which the courts can interpret the law of evidence in a way that balances parliamentary sovereignty and human rights. The focus will be on reverse onuses, sexual history evidence and bad character evidence, with particular emphasis on Criminal Justice Act 2003.

P/L/75. Judicial reviews: error of fact vs. error of law

The paper looks at the practice of judicial reviews focusing on the difference between error of fact and error of law in relation to the rules of evidence. The challenges facing a reviewing court with regard to evidence are highlighted. The concept of perversity is defined in the context of judicial review.

S/L/24. Discuss the evidential issues within this scenario

This essay examines the area of confessions, the right to a solicitor and improperly obtained evidence. It is written from the Northern Irish perspective, looking primarily at the PACE (NI) Order 1989. The essay analyses the following case.
A week after the report of a theft of four televisions by a local shopkeeper, police acting on information received, called to Simons house to question him about the theft. On seeing Simon at the house, in an intoxicated state DC Taggart asks him if he has any televisions for sale to which Simon replies ´Ive sold the TVs I had but speak to Alan he still hasnt sold his two televisionsŽ. Simon is arrested and taken to the police station. At the police station, Simons request for a solicitor is refused on the grounds that acceding to the request would lead to his accomplice being alerted. Simon is then questioned for nine hours without a break, at the end of this time he admits that he and Alan were involved in the robbery, Simon is charged. When the police visit Alans house they find that there is no one at home and they decide to climb in through an open window whereupon they discover two televisions sitting on the kitchen table. Later that day Alan is also arrested and interviewed by DC Taggart in the presence of his solicitor but he refuses to say anything in the interview. At trial Alan gives evidence that the televisions had been bought in good faith at knockdown prices, from a car boot sale, three days before the police had arrived at the house. He hopes to call his wife to verify the story, but they have been on bad terms since Alan was arrested and she does not wish to give evidence. Discuss the evidential issues within this scenario.