header-logo header-logo

14 June 2007
Issue: 7277 / Categories: Case law , Law digest
printer mail-detail

Criminal Evidence

R v Tirnaveanu [2007] EWCA Crim 1239, [2007] All ER (D) 413 (May)

(i) the exclusion of misconduct from the bad character provisions of the 2003 Act on the ground that the evidence was ‘to do’ with the facts of the alleged offence (under s 98) must be related to evidence where there is some nexus in time between the offence with which the defendant is charged and the evidence of misconduct which the prosecution seek to adduce;

(ii) there is a potential overlap between evidence that has to do with the alleged facts of the offence and evidence that might be admitted through one of the gateways in s 101(1). However, in practice nothing of any legal significance depends on which of these two routes it is by which the evidence comes in;

(iii)  despite the difference in wording between s 101(3) of the CJA 2003 and s 78(1) of PACE, there is no difference between the two and the guidance should be the same;

 (iv) when a court is dealing with the evidence admitted under the bad character

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll