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Lord Justices Auld’s Recommendations Regarding Oral Evidence in Court

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Essay / Research Paper Abstract

This 12 page paper consider the recommendations made by Lord Justice Auld in the 2001 Review of the Criminal Courts of England and Wales regarding oral evidence, and the government response to these recommendations. The bibliography cites 9 sources.

Page Count:

12 pages (~225 words per page)

File: TS14_TEauldoe.rtf

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Unformatted sample text from the term paper:

rights that exist to assure that fair trials occur. However, this is a biased perception, and although a system may be good this des not mean there are not improvements that can be made, nor dies it mean the system operates fairly and as designed all of the time. There have been many criticism in recent years, with long delays occurring in the justice system and a process where pubic perception was seeing time delays and errors or inconsistencies that did not give the impression of achieving justice. Lord Auld undertook a review of the Criminal Justice system in 2001, this was a wide ranging review and made many recommendations. These are too numerous to outline. However, one area that did gain his attention was that of the juries and how jury trials are used. In looking at the recommendations he made and the response to these recommendation some changes in both perception and operation in the criminal justice system can be identified. One of the areas that gained a great deal of attention as that if the juries, the way in which they were often unrepresentative, the way that the law could be used to confuse and the use of evidence in a trial. These have all received a high level of coverage in the press. However, one of the lesser considered areas has been that of the oral evidence that is given. This may be seen as related to the jury, as it is they jury that makes a finding and the jury that may be most easily swayed on oral evidence form a witness or an accused. The rules of orality have two main areas that are reviewed by Auld, these are the way in which a witness gives evidence and should, or should not e ...

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