StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Evidence Law - Essay Example

Comments (0) Cite this document
Summary
In this case, the matters of major significance are forced confessions received from the alleged offenders, Harry and Fred, and also the incriminating evidences found in their possession. Section 76 (2) (b) of the Police and Evidence Act 1984 says that the confession gained should not have been extracted from the defendant as a result of anything said or done.
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97.3% of users find it useful
Evidence Law
Read TextPreview

Extract of sample "Evidence Law"

Download file to see previous pages In such cases, it is deemed that the confessions ceases to be reliable, and, as a result, may not tenable in a Court of Law. In such cases, what needs to be assessed is not what transported after the confessions was obtained, but what anteceded the confession, or in other words, the role of actions that led to the signing of the confessions by the defendants. "To justify the arrest, there had to be evidence that would lead a reasonable person to suspect that the arrestee had committed the offence." (What is a citizen's arrests 2007).
In the interpretation of Section 76 (2) of the Act, it has been determined that where the prosecution wished to admit evidence in substantiation of their arguments, to establish complicity of the accused, the Courts, may disallow the said evidence to be used, if it has reasons to believe that this has been given under 'oppression' of the person, or by the occurrences of certain events or circumstances, which has rendered the evidence as unreliable. In such cases, it is for the prosecution to evidence that the evidences, true or otherwise was not obtained through "oppression' or other undesirable methods. (Police and Criminal Evidence Act 1984 (Ch 60). 2007).
It is further seen under Section 78, that the law also covers exclusion of 'unfair evidence' which states, that the Courts have discretionary powers to disallow evidence brought in by the prosecution as a basis of their argument, which, in the opinion of the Court, could have an "adverse effect" on the principles of fair trial for the accused. How However, this section needs to consider taking cognizance of the inclusion of evidence when rule of law specifically provides that it should be obeyed by the Court. (Statutes: Police and Criminal Evidence Act 1984 (Ch 60): Part VIII - Evidence in Criminal proceeding: General Confession:
In this case it is seen that proceedings were initiated against Mr. Harry Collingwood and Mr. Fred Vaughan after alleged possession of items that could because blasts were recovered from search of their premises. Although they maintained their innocence, they were denied services of lawyers, and were subjected to physical and mental degradation. A solicitor or appropriate adult must be permitted to consult a detainee's custody records as soon as practicable after their arrival at the station and at any other time which the person is detained. (Police and criminal Evidence Act 1984 (PACE). 2007).
After this, they were forced to sign confessional statements accepting their complicity in the bomb blasts in Central London station. The evidences that could be used against Harry and Fred are: 1. the presence of incriminatory evidences in their premises 2. Their confessional statements forcibly made by Detective Inspector Lewis.
There are various statutes which deal with the matter of explosive substances found in the possessions of residents of UK. Under the Explosive Substances Act 1883, if any explosive substances are found in the possession of a person, unless he can prove that its use was for 'lawful purposes' he could be sentenced to penal servitude for not less than 14 years, or imprisonment for 2 years. (Explosive Substances Act: 1883. 2007). In this case, if the substances were genuinely in the possession ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Evidence Law Essay Example | Topics and Well Written Essays - 1250 words”, n.d.)
Retrieved from https://studentshare.org/miscellaneous/1529172-evidence-law
(Evidence Law Essay Example | Topics and Well Written Essays - 1250 Words)
https://studentshare.org/miscellaneous/1529172-evidence-law.
“Evidence Law Essay Example | Topics and Well Written Essays - 1250 Words”, n.d. https://studentshare.org/miscellaneous/1529172-evidence-law.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Evidence Law

Law Evidence

...Part One This research will begin with examining the THREE cases of obtaining evidence as confessions.,illegally, or improperly obtained evidence and silence as evidence put forth in Ian Dennis argument. The argument will be constructed in light of the laws that govern each individual case and conclude with the research. Improperly obtained evidence- The English Law in its fairness decides it is rational to exclude improperly obtained evidence so England's policy was to include the evidence regardless of the source or how it was obtained. The most frequently quoted authority was the 1861 decision of R v Leatham where Crompton J said it mattered not how you get it, if you steal it even it would be admissible in evidence (Osborn...
12 Pages(3000 words)Case Study

Discussion on Evidence Law

...including what quantities of amphetamines would be made and sold in Canberra. W2 will testify that he saw A and B ingesting amphetamines on numerous occasions. Discuss the relevance of each of these items of evidence. In this case, we deal with the relevance of evidence in each case and the importance of evidence law. The law of evidence include substantive law, civil and criminal law and regulate the means by which facts are produced and proved in courts and legal battles (Bates, 1980). Evidence must conform to certain rules in order to be admissible. At the trial of A, witness...
8 Pages(2000 words)Essay

Different Aspects of Evidence Law

...Evidence Law In law, rape is the most serious kind of assault and is punishable with life imprisonment. The offence is defined in part section of the Sexual Offence Act, 2003, and is defined as follows: 1. A person (A) commits an offence if- (a) He intentionally penetrates the vagina, anus or mouth of another person (B) with his penis, (b) B does not consent to the penetration, and (c) A does not reasonably believe that B consents. 2. Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents (4), on conviction on indictment, to imprisonment for life. On a charge of rape absence of consent1 is very important...
9 Pages(2250 words)Case Study

The Law of Evidence

...to criteria other than those embedded in the instructions. This basic requirement, more a first principle than a rule of evidence, is of much deeper significance than any of the specific exclusionary rules that are usually thought to constitute evidence law. Within the Received View, the importance of testimony in the language of perception runs even deeper. Our daily conversations and descriptions of events are suffused with opinion, interpretation, and evaluation. Often we are allowed only to agree with the leading questions of our conversation partners, questions themselves suffused with assumptions, opinions, interpretations, and evaluation (Pattenden, 1986). Such conversations are...
12 Pages(3000 words)Essay

Evidence Law - Victoria (Australia) Legal Case Commentary

...Introduction A long held concept of criminal law dictates that a confession ment is only admissible in evidence at the criminal trial if it was freely given. Implicit in the doctrine of free choice is a requirement that the confession statement is obtained by proper means in that the suspect has not been coerced or induced by anything said or done by persons in authority. The rationale appears to be that a confession obtained involuntarily can not be relied upon for the truth of its contents. The court’s dilemma was succinctly stated by Gibbs J in Driscoll v The Queen, who said that, ‘it is very common for an accused person to deny that he made an oral confession which police witnesses swear that he made. The accused has an obvious...
9 Pages(2250 words)Essay

Criminal Evidence Law - Evidential and Legal Burden

...Criminal Evidence Law - Evidential and Legal Burden Altin and William have been charged with the murder of Denzil on the basis of joint enterprise. Under the doctrine, two or more criminal suspects could be charged for colluding in the commission of a crime. It is important for the prosecution to prove that the accused were in action together, failure to which both may be acquitted by the court. Owing to seriousness of the criminal proceedings for murder, the prosecution and the defence have burdens of evidence which they must shoulder in proving their respective cases. Evidential Burden Evidential burden is one of the obligations of pre-trial chamber that must be fulfilled before criminal proceedings can begin. In this case...
10 Pages(2500 words)Essay

Evidence Law

... but when he comes to look for it, it has disappeared and never reappears. Although Michel is suspected of the robbery and there are two witnesses, the evidence is lost. Evidence Law – Cases and Analysis The law of evidence governs the use of testimony. The testimony could be given in the form of an affidavit or any other oral or written statement and shows other documentary material that is considered within a judicial or administrative proceeding or in a court of law as substantial evidence against a criminal or for case in a crime scenario1. Types of evidence could be related to testimony, documentary evidence, physical evidence, digital evidence, exculpatory evidence, scientific evidence and demonstrative evidence2. In this case...
12 Pages(3000 words)Assignment

Evidence Law

Consent given because of exhaustion after persistent struggle and resistance would appear to be no consent. Usually, evidence of some struggle or resistance by the complainant may be the best proof of lack of consent but this is not always necessary.
It will be recalled in the case D.P.P. v Morgan3 the House of Lords held that if an accused person believed that the woman was consenting he should not be guilty of rape even though he had no reasonable grounds for his belief. The mental element of rape is an intention to have sexual intercourse without the woman’s consent or not. The sexual offenses (Amendment) Act 1976 amended the law relating to rape in England by providing that a man commits rape if he has sexual interc...
10 Pages(2500 words)Assignment

Law of Financial Services

For instance, the European Commission’s Regulation No. 1049/2001 which very specifically details rules and regulations governing the public access to European Parliament, Council and Commission documents. Article 8 of the regulation states that “personal data shall only be transferred to recipients … (b) if the recipient establishes the necessity of having the data transferred …” (Regulation 1049/2001). Although this law is not at all related to the data protection of banks and their customers, it does give us an impression of how serious the EC is in protecting the integrity of data.
In saying that the laws that we have on data protection have adequately addressed the needs of banks and custom...
6 Pages(1500 words)Article

Organization and Functions of Federal Law Enforcement Agencies

Threats may either appear in the form of terrorism or from other intelligence groups or from the espionage. It may arise within the country, against the existing government or social systems. Though most of the federal law enforcement groups are investigative groups, they are not only focused on investigations but stand for the people. One can see that the importance of the federal agencies is growing day by day because the threats from militants and others have considerably increased. Such kinds of federal law enforcement agencies include Federal Air Marshalls, Secret Service, FBI, Untouchables, C.I.A and Federal Corrections etc. The organization and functions of these agencies vary in different fields and can be cited in the fol...
7 Pages(1750 words)Case Study

Constitutional and Administrative Law

When examining the decision of previous court comments that are made obiter dicta will not be part of the precedent since often obiter dicta comments are speculative remarks on how the judge might have acted if the facts had been different.

Binding precedents come from earlier case law and, as suggested in the wording, must be followed even if the judge in the present case does not agree with the legal reasoning of the judge in the earlier case. In order for a precedent to be binding the facts of the present case to have to be sufficiently similar to the earlier case. Decisions given in a lower court to the one in which the present case is being heard will not be binding. For a decision to set a precedent it must have b...
8 Pages(2000 words)Assignment

The Law on Physical Punishment of Children Fails to give Sufficient Respect to Childrens Rights

Under the English criminal law, several past and current legislations were made in order to protect the children from corporal punishment or becoming a victim of physical abuse. Despite our effort to prevent parents from using physical force in disciplining their children, the British Government remains unconvinced that the law which protects the children from physical punishment is sufficient (Keating, 2008). Physical punishment such as ‘smacking’, ‘slapping’, ‘kicking’, or ‘spanking’ is referring to the act of causing a degree of pain or discomfort to the child. (Niland, 2009, p. 6) With regard to the legal issues behind child protection against physical abuse, this study aims to d...
6 Pages(1500 words)Coursework

International Law: Child Soldiers

Using children to fight wars is not only morally abhorrent but very bad very the physical and mental health of the children in question. That is in part why a series of international laws and treaties have come into effect to try to deal with this scourge. But the issue is more complicated than that. While child soldiers are victims of war crimes, they too can also perpetrate serious breaches of the law of armed conflict. Under normal circumstances, individuals who commit such acts, be they combatants or not,2 would be vulnerable to prosecution. However, because children in such situations are victims as well as perpetrators and because of the special protections afforded to children under international law, many have questioned w...
8 Pages(2000 words)Case Study

The Law and the Media

New and complex issues have arisen which demanded fresh understanding and handling of cases involved them. This has resulted in the enhanced development of specialized laws e.g. cyber laws and interpretation of those laws. The same is true with Media Laws. Media has developed much in the last half-century. As it evolved as a profession and more people started to join it, there arose the levels of money involved in it. With this grew the contractual obligations on the parts of parties and concerned laws e.g. patent laws, privacy laws, and copyrights laws, etc. also started to play their parts. With these issues, the role of law in the media industry also reached a new height.
Mathew Fisher, the appellant, joined a band with Mr...
6 Pages(1500 words)Assignment

Law of Contract

For instance, in Partridge v Crittenden, it was held that an advertisement is tantamount to an invitation to treat (Partridge v Crittenden, 1968). However, there are exceptions, where an advertisement is considered to be an offer. An example is provided by the Carbolic Smoke Ball case. In this case, the defendant’s contention that its newspaper advertisement was not an offer was rejected by the court; as the plaintiff had complied with the terms of the offer (Carlill v Carbolic Smoke Ball Co, 1892).

Thus, the advertisement placed by Adams in the local newspaper is an invitation to treat and not an offer, as per the case law discussed above. It is to be determined, whether Adam had formed legally binding contracts...
6 Pages(1500 words)Case Study

The Relationship Between Common Law and Custom, Equity, and Books Of Authority

This follows the common law theory that cases that have a great deal of similarity should need to be dealt with similarly and decisions or court verdicts passed accordingly, although this may not be viewed as strict practice. Custom, as a historical source of law, could be said to be the legislative statutes or laws that need to be implemented from time to time, and could also be termed as statutory laws that monitor public conduct. Thus, it could be said that while regulatory laws are created and nurtured by legislations and regulations, through the executive powers enforced by executive branch agencies, this is done through the delegation of authority from the top downwards. However, in the case of common law or case law, decisi...
6 Pages(1500 words)Assignment

Validating Late Mover Advantages in e-commerce: Evidence from Selected Companies

...Research Proposal: Validating Late Mover Advantages in e-commerce: Evidence from Selected Companies Table of Contents Table of Contents 1 Title 3 Background 3 Objective 4 Project Aim 4 Research Hypothesis 5 Research Questions 5 Ethical Considerations 6 Literature Review 6 Research Methodology 9 Phenomenological Paradigm 9 Positive Paradigm 9 Deductive vs. Inductive Research 10 Data Collection Techniques 10 Proposed Research Methodology 11 Primary Data Collection 11 Survey Questionnaire 11 Research Methodology Limitations 12 Proposed Structure of Report 13 Time Schedule 16 References 17 Title Validating Late Mover Advantages in e-commerce: Evidence from Selected Companies Background E-commerce is a global market place that is characterized...
12 Pages(3000 words)Research Proposal

Analysis of Employement Law Cases

For instance, Section 82(1) of the Sex Discrimination Act 1975 provides statutory protection to workers who are working under a contract personally to execute any work or labor. It also covers self-employed people2.

Other statutes, such as the Working Time Regulations 19983 and the National Minimum Wages Act 19984, are appliable to workers, in addition to employees5. Hence, all these rights and protections are available to Fred, even if he were to be deemed a self-employed person.

Some of the more important rights bestowed upon employees by the employment law are the right to claim wrongful or unfair dismissal and payment for redundancy. Other legislation, such as the health and safety statute and the insolve...
7 Pages(1750 words)Case Study
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Evidence Law for FREE!

Contact Us