The modern law of evidence / Adrian Keane, Paul McKeown.

Oxford ; New York : Oxford University Press, 2012.

9th edition

80421

Evidence (law) -- England.

Evidence (Law) -- Wales.

1. Introduction

Truth and the fact-finding process

The development of the law

2. Preliminaries

Facts open to proof or disproof

The varieties of evidence

Relevance and admissibility

Weight

The functions of the judge and jury

Judicial discretion

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

3. Evidence obtained by illegal or unfair means

Law

Discretion

4. The burden and standard of proof

The burden of proof

The standard of proof

The burden and standard of proof in a trial within a trial

5. Witnesses

Competence and compellability

Oaths and affirmations

Live links

The time at which evidence should be adduced

Witnesses in civil cases

Witnesses in criminal cases

6. Examination-in-chief

Leading questions

Refreshing the memory

Previous consistent or self-serving statements

Unfavourable and hostile witnesses

7. Cross-examination and re-examination

Cross-examination

Re-examination

8. Corroboration and care warnings

Corroboration required by statute

Care warnings

Confessions by the mentally handicapped

Identification cases

Lip-reading evidence

Sudden infant death syndrome

9. Documentary and real evidence

Documentary evidence

Real evidence

10. Hearsay in criminal cases

Background and rationale

Admissibility of hearsay under the Criminal Justice Act 2003

Expert reports

Written statements under section 9 of the Criminal Justice Act 1967

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

11. Hearsay admissible by statute in civil proceedings

The background

Admissibility of hearsay under the Civil Evidence Act 1995

Safeguards

Proof of statements contained in documents

Evidence formerly admissible at common law

Ogden tables

12. Hearsay admissible at common law

Statements in public documents

Works of reference

Evidence of age

Evidence of reputation

Statements forming part of the res gestae

13. Confessions

Admissibility

The discretion to exclude

The voir dire

The trial

Statements made in the presence of the accused

Facts discovered in consequence of inadmissible confessions

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

Inferences from silence

Inferences from refusal to consent to the taking of samples

Inferences from failure to provide advance disclosure of the defence case

15. Evidence of character: evidence of character in civil cases

Character in issue or relevant to a fact in issue

Evidence of the disposition of the parties towards good conduct

Evidence of the disposition of the parties towards bad conduct

Character relevant to credit

16. Evidence of character: evidence of the good character of the accused

The evidence admissible

The direction to the jury

The meaning of 'good character'

17. Evidence of character: evidence of bad character in criminal cases

Introductory

Evidence of the bad character of a person other than the defendant

Evidence of the bad character of the defendant

General

Other provisions governing the admissibility of evidence of bad character

18. Opinion evidence

Expert opinion evidence

Non-expert opinion evidence

19. Public policy

The development of the modern law

The scope of the exclusion on grounds of public policy

Procedural issues

20. Privilege

The privilege against self-incrimination

Legal professional privilege

Without prejudice negotiations

21. Judgments as evidence of the facts upon which they were based

Civil proceedings

Criminal proceedings

22. Proof of facts without evidence

Presumptions

Judicial notice

Formal admissions.

Includes bibliographical references and index.

9780199698325

lxv, 689 pages ; 25 cm