Hearsay Evidence in Criminal Proceedings (Criminal Law Library)

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9781841138121: Hearsay Evidence in Criminal Proceedings (Criminal Law Library)
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The UK's Criminal Justice Act 2003 re-wrote the hearsay evidence rule for the purpose of criminal proceedings, enacting the recommendations of the Law Commission together with some proposals from the Auld Review. Since the new provisions came into force, a body of UK case law has interpreted them and, in particular, given guidance as to how the new 'inclusionary discretion' should be exercised. Following the style of his earlier book about the new law on bad character evidence, the central part of author John Spencer's book on hearsay evidence consists of section-by-section commentary on the relevant provisions of the Act. The commentary is preceded by chapters on the history of the hearsay rule, and the requirements of Article 6(3)(d) of the European Convention on Human Rights. It is followed by an appendix containing the text of the statutory provisions and a selection of the leading cases.

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About the Author:

J. R. Spencer is Professor of Law in the University of Cambridge and a Fellow of Selwyn College.

Review:

Professor John Spencer Q.C. is one of our most respected legal academics. His credentials for writing this book are impeccable, having earlier advised the Law Commission and Auld Review on the subject of hearsay...The text is a stunning analysis of the new law in relation to hearsay, rather than merely explaining in simple terms the scheme as set down in the 2003 Act, Spencer analyses each provision in detail, leaving an advocate with a template for argument (no matter which side they are on). A very good illustration of this can be found in paragrpahs 5.3 to 5.11 where Spencer takes the reader through section 114 of the Act. All other sections are given the same masterly treatment and the reader is gently taken through all of the important case law on the topic. It is hard to imagine how any advocate could do justice to an argument in relation to hearsay without having access to this superb work. Andrew Keogh Crimeline Updater January 2009 .an invaluable text on this developing and vital area of law.essential reading for any criminal practitioner who needs to be on top of their game in this complex and increasingly important area of law. John Cooper Criminal Bar Quarterly June 2008 In New Zealand this book should be available to all who regularly appear in criminal appeals, anyone concerned with reviewing the performance of the Evidence Act 2006, all evidence academics for comparative purposes and any students taking hearsay further than the basic LLB Law of Evidence paper. Bernard Robertson New Zealand Law Journal October 2008 It was a pleasure to review this guide to the new law on hearsay evidence. Professor Spencer's book provides an insightful and thought-provoking analysis of this difficult area of the law...The book will appeal to a variety of different audiences. For the student looking at the law for the first time, the text is clear and well-organised and assumes no prior knowledge of hearsay law. For the practitioner, there is a detailed analysis of the wording of the 2003 Act's provisions, of the problems that have arisen in the case law so far and of problems which are likely to occur in the future. And for the academic analysing the success of the recent reforms, there is a wealth of critical material written by someone who-given his role in the Law Commission's discussions on the recent reforms-is in an interesting position to comment upon their success...a fine piece of scholarship and its author clearly has a deep knowledge of the law in this area; the book is thoroughly recommended. Thomas Worthen Criminal Law Review February 2009 Joint Review of Hearsay Evidence in Criminal Proceedings and Evidence of Bad Character These two fine books offer a guide to the new legislation and the case law decided under it. As well as analysing the new provisions and their impact section by section, both usefully contain copies of the relevant sections of the legislation and the most significant cases, as well as some other material. With their straightforward style and lucid explanation, they are invaluable guides to anyone trying to get to grips with these areas of the Act. Mike Redmayne The Howard Journal Vol 48 No 1. February 2009 The Author clearly and thoroughly explains the content of the reform introduced by part 11 of the Criminal Justice Act 2003 which has redefined the boundaries of this field with numerous comparative remarks on other jurisdictions...Just like his earlier treatise on bad character evidence, this work is characterised by the fact that Professor Spencer is not only a professor of criminal law and procedure, but he was also a consultant in the drafting of the reform project. A rich appendix and an overview of the most significant cases, extremely precious to both practitioners and researchers in the field, complete the book. Francesca Galli Rivista di diritto processuale No 6/2008

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