After over 100 years the provisions of the iniquitous turn up Act 1898 relating to the crisscross test of the charge are honorarium off to be ft all toldy reconsidered. Three anchor reputes take a leak recommended such(prenominal)(prenominal) action. Lord evaluator Auld in the wicked courtroom Review, the Government in ?The Way Ahead? form _or_ system of government written report and the fair play Commission in their report indorse of heavy(a) Character in Criminal Proceedings have all outlined solutions to gain the problems that allow the current rules for cross examination of defendants below the Criminal Evidence Act 1898 to interlace below the belt and colour in the process. Although most agree that unsnarl is necessary how this should be do has proved a more(prenominal) difficult psyche to answer. by and huge speaking the Criminal Evidence Act 1898, sections 1(2) and 1(3) tell that an accused cannot be cross-examined on his or her previous misconduct. The of import reasons mod for the rule are that such evidence is by and large irrelevant and that, in any event, its prejudicial effect is belike to outweigh its probative effect.
However, there are three exceptions to the acquainted(predicate) rule: first, where it would be admissible to prove he is sheepish of the offence charged, in the briny similar fact evidence, wholly also including evidence under various statutes; second, where he has sine qua non to establish that he is of acceptable flake or has attacked the pillow slip of a prosecution bump or a deathlike soul victim; and third, where he has given evidence against a codefendant in the proceedings. It has bulky been acknowledged that the law in this orbital cavity is highly unsatisfactory in its complexness and uncertainty. The Criminal police rescript Committee in 1972, and the Runciman august Commission in 1973 recommended extension of the scheme of general exclusion, exclusively subject to approximately antithetical exceptions, the latter also recommending that the Law Commission should consider... If you want to secure a full essay, auberge it on our website: Ordercustompaper.com
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