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Law of Evidence
Member rating: No Rating | Words: | Submitted: Tue Jun 20 2006
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Law of Evidence (Law 249) Assessed Coursework (Q1) Naveed Ahmed "It seems that memories are short. Despite its manifest failings, there is now a certain nostalgia for s.2 of the Sexual Offences (Amendment) Act 1976 whilst vitriol is reserved for ss.41-43 of the Youth and Criminal Evidence Act 1999." 1 The question of whether there should be some, and if so what restriction on the scope of the cross-examination regarding sexual behaviour on the part of the complainant in trials involving allegations of a sexual offence has occasioned great difficulty for the law of evidence.2 Precipitated by the need to strike a balance between the interests of the accused to adduce relevant evidence which legitimately supports the defence on the facts and evidence which can only be regarded as an attempt to discredit the complainant the development of the law has been both complex and controversial.3 At common law, the complainant...
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