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LAW OF EVIDENCE
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... Law of Evidence - Assignment 2 After over 100 years the provisions of the Criminal Evidence Act 1898 relating to the cross examination of the accused are set to be fundamentally reconsidered. Three key reports have recommended such action. Lord Justice Auld in the Criminal Court Review, the Government in "The Way Ahead" policy paper and the Law Commission in their report Evidence of Bad Character in Criminal Proceedings have all outlined solutions to solve the problems that allow the current rules for cross examination of defendants under the Criminal Evidence Act 1898 to operate unfairly and distort the process. Although most agree that reform is necessary how this should be done has proved a more difficult question to answer. Broadly speaking the Criminal Evidence Act 1898, sections 1(2) and 1(3) state that an accused cannot be cross-examined on his or her previous misconduct. The main reasons advanced for the rule are
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