Category: evidence

DS v. HM Advocate – Times Law Reports

Posted June 12th, 2007 in evidence, law reports, Scotland, sexual offences by sally

When accused tries to import victim’s sexual history

DS v. HM Advocate

Privy Council

“A Scottish statute providing that when a court gave permission for a person accused of certain sexual offences to lead evidence of the alleged victim’s previous sexual history, there was a presumption in favour of laying before the jury the accused’s previous convictions for sexual offences unless he could show that such disclosure would not be in the interests of justice, or would prejudice his right to a fair trial.”

The Times, 12th June 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina v. Musone – Times Law Reports

Posted June 11th, 2007 in evidence, law reports by sally

Power to exclude evidence of probative value

Regina v. Musone

Court of Appeal (Criminal Division)

“Cases would be rare in which a breach of procedural rules would entitle a court to exclude evidence of substantial probative value and a court should be most reluctant to exclude evidence of that quality for such a breach; nevertheless there would be cases where the only way in which the court could ensure fairness was by excluding evidence even of substantial probative value.”

The Times, 11th June 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

UK mulls admitting wiretap evidence in court – OUT-LAW.com

Posted June 11th, 2007 in evidence, interception, news by sally

“The UK government is looking to make wiretap evidence admissible in court as part of its latest review of anti-terrorism legislation.”

Full story

OUT-LAW.com, 8th June 2007

Source: www.out-law.com

Shierson and another v. Rastogi – WLR Daily

Posted June 5th, 2007 in bankruptcy, company directors, evidence, law reports by sally

Shierson and another v. Rastogi [2007] EWHC 1266 (Ch.)

The principle that judicial findings made in a previous case were not admissible in later proceedings as evidence of facts found only applied where a party in the second proceedings had not had opportunity, by himself or his privy, to challenge evidence adduced in the first hearing.

WLR Daily, 25th May 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R v. Musone – WLR Daily

Posted May 29th, 2007 in evidence, law reports by sally

R v. Musone [2007] EWCA Crim 1237

“Cases in which a breach of procedural rules would entitle a court to exclude evidence of substantial probative value would be rare and a court should be most reluctant to exclude evidence of that quality for such a breach; none the less there would be cases where the only way in which the court could ensure fairness was by doing so.”

WLR Daily, 23rd May 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Lords back phone-taps in trial – BBC News

Posted April 26th, 2007 in evidence, interception, news by sally

“Peers have voted in favour of allowing telephone intercept evidence to be used in court in organised crime cases.” 

Full story

BBC News, 26th April 2007

Source: www.bbc.co.uk

Malcolm v. Director of Public Prosecutions – Times Law Reports

Posted April 4th, 2007 in evidence, law reports by sally

New evidence after justices retire

Malcolm v. Director of Public Prosecutions

Queen’s Bench Division 

“Justices could, in special circumstances, receive further evidence after they had retired to consider their verdict. ”

The Times, 4th April 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.