WestminsterResearch (University of Westminster) · 2007 · 12 citations · 1 references
LawComparative LawPublic LawComparative Evidence LawHuman RightsJurisdictionAdmissibility RulesCustomary LawStandard Of ProofCase Law ComparisonEuropean Convention On Human RightsEvidence Admissibility Across JurisdictionsForeign Evidence AdmissibilityReal Evidence AdmissibilityRules Of Evidence
English law's traditional approach to the admissibility of improperly obtained evidence is currently being rethought in response to a range of domestic and international pressures. With the position in England and Wales following the House of Lords' decision in A and Others (2005) firmly in mind, this article undertakes a selective review of comparative approaches to the admissibility of improperly obtained evidence in Australia, Canada and New Zealand. \nHaving analysed relevant legislation and case law in each jurisdiction, general principles are derived to guide future developments in English law, in conformity with the European Convention on Human Rights.
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The Truth Can Cost Too Much: The Principle of a Fair Trial
James Spigelman · SSRN Electronic Journal · 2003 · 12 citations · Full text
Law, Criminal Law, Human Rights Law +14