The modern law of evidence / Adrian Keane.

London : Butterworths, 2000.

5th ed.

22622

Evidence (law) -- Great Britain.

1. Introduction

2. Preliminaries: A. Facts open to proof or disproof

B. The Varieties of evidence

C. Relevance and admissibility

D. Weight

E. The Functions of the judge and jury

F. Judicial discretion

G. Evidence obtained by illegal or unfair means

H. Proof of birth, death, age, convictions and acquittals

3. The Burden and standard of proof:

A. The Burden of proof

B. The Standard of proof

4. Witnesses: A. Competence and compellability

B. Oaths and affirmations

C. Witnesses in civil cases

D. Witnesses in criminal cases

E. Special measures directions for vulnerable and intimidated witnesses

F. Live television links

G. The Time at which evidence should be adduced

5. Examination-in-chief

A. Leading questions

B. Refreshing the memory

C. Previous consistent or self-serving statements

D. Unfavourable and hostile witnesses

6. Cross-examination and re-examination: A. Cross-examination

B. Re-examination

7. Corroboration and care warnings:

A. Corroborations required by statute

B. Care warnings

C. Confessions by the mentally handicapped

D. Idenfication cases

8. Documentary and real evidence: A. Docmentary evidence

B. Real evidence

9. Hearsay: the rule of exclusion: A. The Rule

B. The Scope of the rule

10. Hearsay admissible at common law: A. Statements in public documents

B. Works of reference

C. Statements of persons since deceased

E. Evidence given in former proceedings

11. Hearsay admissible by statute in civil proceedings: A. The Background

B. The Admissibility of hearsay under the Civil Evidence Act 1995

C. Safeguards

D. Proof of statements contained in documents

E. Evidence formerly admissible at common law

G. Ogden tables

12. hearsay admissibile by statute in criminal proceedings (other than confessions): A. Documentary hearsay (Sections 23 and 24 of the Criminal Justice Act 1988)

B. Expert reports

C. Statements and depositions in committal proceedings

D. Committal statements and depositions at trial

E. Written statements under Section 9 of the Criminal Justice Act 1967

F. Depositions of children and young persons under section 43 of the Children and Young Persons Act 1933

G. Transcripts at retrials

13. Confessions: A. Admissibility

B. The Discretion to exclude

C. The voir dire

D. The Trial

E. Statements made in the presence of the accused

F. Facts discovered in consequence of inadmissible confessions

14. Statutory inferences from an accused's silence or conduct:

A. Inferences from silence

B. Inferences from refusal to consent to the taking of samples

C. Inferences from failure to provide advance disclosure of the defence case

15. Evidence of character: I. Civil cases: A. Character as a fact in issue

B. Character relevant to a fact in issue

C. Character relevant to credit

II. Criminal cases: A. Character as a fact in issue

B. Character not in issue

III. Inadmissible evidence of previous convictions

16. Similar fact evidence: A. Criminal proceedings

B. Civil proceedings

C. Statutory provisions

17. Opinion evidence: A. Expert opinion evidence

B. Non-expert opinion evidence

18. Public policy: A. The Development of the modern law

B. The Scope of exclusion on grounds of public policy

C. Procedural issues

19. Privilege: A. The Privilege against self-incrimination

B. Legal professional privilege

C. Without prejudice negotiations

20. Estoppel: A. Estoppel by record

B. Estoppel by deed

C. Estoppel by conduct

21. Judgments as evidence of the facts upon which they were based: A. Civil proceedings

B. Criminal proceedings

22. Proof of facts without evidence: A. Presumptions

B. Judicial notice

C. Formal admissions.

Includes index.

0406921822

cvii, 686 p.