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Hearsay Evidence in Criminal Proceedings.

Hearsay Evidence in Criminal Proceedings. 刑事手続における伝聞証拠

・ISBN 978-1-84113-812-1 paper

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著者・編者Spencer, J. R.,
シリーズCriminal Law Library
出版社(Hart, UK)
出版年月2008
ページ数341 pp.
言語ENG
ニュース番号<550-835>

解説

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.