Hearsay evidence in criminal proceedings / JR Spencer.

Includes bibliographical references and index.

Preliminary Pages; Preface; Contents; Abbreviations; Table of Cases; Table of Legislation; Table of Treaties; 1. Introduction ; Hearsay rule and the rise and fall of the exclusionary rules of evidence; Scope and evolution of the hearsay rule; Hearsay rule in criminal law as it stood before the 2003 reform: justificationsfor the rule; Criticisms of the hearsay rule; Hearsay rule as seen by legal writers; The ''direct principle'' or ''best evidence'' approach; Abolition of the hearsay rule in civil proceedings.
Background to the 2003 reform: Criminal Law Revision Committee, Fraud Trials Committee, Law Commission and Auld ReviewReform: Criminal Justice Act 2003, Part 11, Chapter 2; Conclusion: provisional assessment of the reform; Date of entry into force; 2. Hearsay and the European Convention on Human Rights; The confrontation principle; ECHR, Article 6(3)(d); Who is a ''witness'' for the purposes of ECHR, Article 6(3)(d)?; What is meant by 'a right to examine or have examined witnesses against him'?
Does a conviction based on evidence from witnesses whom the defendant wasunable to examine invariably infringe his rights under ECHR, Article 6(3)(d)?The English case law on ECHR, Article 6(3)(d); 3. The Scope of the Reform, the Shape of the New Exclusionary Rule and the New Scheme of Exceptions; Abolition of the common law exclusionary rule: the demise of Kearley; The new exclusionary rule: CJA 2003, Sections 114(1) and 115; The new definition of hearsay: conclusion; Scheme of exceptions; 4. Hearsay Admitted by Agreement.
5. The ''Inclusionary Discretion'' and the General Discretion to ExcludeDiscretionary inclusion under CJA 2003, section 114(1)(d): 'safety-valve' oralternative tap?; What are 'the interests of justice'?; Particular applications of CJA 2003, section 114(1)(d); Discretionary exclusion: CJA 2003, section 126; 6. Statements of Witnesses who are Unavailable (CJA 2003, Section 116); History: earlier provisions; The new provision: CJA 2003, section 116; Annex: Criminal Justice Act 1988, Section 23 (Now Repealed); 7. Documentary Hearsay (CJA 2003, Section 117); History.
Underlying issue: 'records' of different typesCJA 2003, section 117; Extra conditions for the admissibility of police records; Discretion to exclude; Documentary evidence and real evidence; CJA 2003, section 117: conclusion; 8. Other Statutory Exceptions; 9. Preserved Common Law Exceptions (JA 2003, Section 118); Public information, etc; Reputation as to character; Reputation or family tradition; Res gestae; Confessions, etc; Admissions by agents, etc; Common enterprise; Expert evidence; 10. Confessions (and Other Extra-Judicial Statements by Defendants); Introduction.
1. Introduction
2. Hearsay and the European Convention of Human Rights
3. The Scope of the Reform, the Shape of the New Exclusionary Rule and the New Scheme of Exceptions
4. Hearsay Admitted by Agreement
5. The 'Inclusionary Discretion' and the General Discretion to Exclude
6. Statements of Witnesses who are Unavailable (CJA 2003, Section 116)
7. Documentary Hearsay (CJA 2003, Section 117)
8. Other Statutory Exceptions
9. Preserved Common Law Exceptions (CJA 2003, Section 118)
10. Confessions (and Other Extra-Judicial Statements by Defendants)
11. Multiple Hearsay
12. The Rule Against Narrative
13. Videotaped Evidence-in-Chief
14. Other Matters: Experts (CJA 2003, Section 127) and Proof of Documents (Section 133)
15. Practical Issues
App. I. Criminal Justice Act 2003, Sections 114-141
App. II. Criminal Procedure Rules, Part 34
App. III. Judicial Studies Board Specimen Directions
App. IV. Leading Cases.

The 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. In 2008, Professor Spencer wrote a book explaining the new law, intended for practitioners as well as academics. Following the style of his earlier book about the new law on bad character evidence, the core of the hearsay book was a section-by-section commentary on the relevant provisions of the Act, discussing the case law that had interpreted them. Since the appearance of the first editi.
"The 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 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 Professor 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."--BOOK JACKET.