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A comprehensive range of fourteen synthetically simple, air-stable and structurally diverse Fe(III) complexes, comprising of salalen, salen, salan and thiolen frameworks, were applied as catalysts to the ring opening copolymerization of phthalic anhydride (PA) and cyclohexene oxide (CHO) without the need for extra additives, such as co-catalyst, as part of a newly discovered unary system. Alternating poly(1,2-cyclohexylene-1,2-phthalate) {poly(CHO-co-PA)} was obtained with reasonable molecular weights, narrow dispersities and with high % ester linkages. Structure-activity-relationships have been investigated and discussed. The most interesting discovery was when performing ‘ligand control’ ROCOP experiments (highlighting the importance of such checks in catalysis) that all these organocatalysts outperformed their Lewis acidic Fe(III) analogues; these results are significant as a simplistic, metal- and halide-free, organocatalytic single component approach to ROCOP was developed. There are few examples of organocatalysts in literature, examples tending to rely on two component systems with harsher, air-sensitive chemicals and these results provide hope that more reactive, effective organo-initiators are possible in an area very much in its infancy, but will no doubt emerge and potentially prove vital to future sustainable polymerization research. Thermal properties were accessed via DSC analysis and, for the amorphous copolymers, the Tg values ranged by 35 °C from 100 °C to a respectable 135 °C.

Recently we reported a series of highly active Al(III)-complexes bearing a catalen ligand support for lactide polymerisation, observing unprecedented activity in the melt. Herein we report diversification of the metal to furnish a series of well-defined dimeric Zn(II)- and Mg(II)-complexes, which were fully characterised by X-ray crystallography and NMR spectroscopy. The production of biocompatible atactic PLA from rac-LA in solution and under industrially preferred solvent-free conditions was demonstrated, typically observing good activity and Mn control with a broad range of dispersities (Đ = 1.08–2.04). Mg(II)-Complexes were shown to facilitate the relatively mild methanolysis of PLA, achieving up to 64% conversion to Me-LA within 8 h at 80 °C in THF. Further kinetic analysis found [Mg(1,3)]2 to have kapp values of 0.628 ± 0.0536 {4 wt% cat. loading} and 0.265 ± 0.0193 h−1 {8 wt% cat. loading} respectively for the rate of consumption of PLA. Preliminary work extended polymer scope to PET from various sources, demonstrating catalyst versatility.

The ability to control the outcome of polymerisations using an external stimulus remains a formidable challenge. Herein, we report a series of photoactive Schiff base ligands bearing azobenzene moieties, as well as seven Al(III) and Zn(II) complexes. Trans–cis isomerisation of the ligands and complexes occurred by exposure to UV light. Photoisomerisation was investigated using spectroscopic techniques and real-time reaction monitoring was conducted using FlowNMR. The activity of the complexes was tested in ring-opening polymerisation (ROP) of ε-caprolactone and rac-lactide under ambient and UV light conditions, with the isomers of the Al(III) complexes displaying marked differences in activity in the ROP of ε-caprolactone.

Bioplastics such as poly(lactic acid) (PLA), which are derived from renewable sources, promoted as biodegradable and implemented for numerous functions, offer a promising alternative to the enduring synthetic plastics abundant in society. However, the degradation of PLA is slow under natural environmental conditions. A chemical recycling route is thus required to couple mitigation of plastic persistence repercussions with circular economy adherence. In the present work, the production of ethyl lactate by the catalysed transesterification of post-consumer PLA was investigated. The catalyst employed was a propylendiamine Zn(II) complex. The PLA samples investigated consisted of a phone case, an infant’s toy, a film, a cup and 3D printing material. Degradation reactions were studied at 50 °C and 90 °C and the concentrations measured at two different time intervals, 1 h and 3 h. The results revealed that greater activity of the catalyst was observed at 50 °C for two PLA samples (cup, 3D print). PLA film achieved the greatest lactate yield (71%) of all samples after 3 h at 50 °C. It is concluded that the propylenediamine Zn(II) catalyst can be used to produce green solvent ethyl lactate at mild temperatures from post-consumer PLA, even in the presence of unknown additives.

Plastics are an indispensable material with numerous benefits and advantages compared to traditional materials, such as glass and paper. However, their widespread use has caused significant environmental pollution and most plastics are currently nonrenewable. Biobased polymers represent an important step for tackling these issues, however, the end-of-life disposal of such materials needs to be critically considered to allow for a transition to a circular economy for plastics. Poly(lactic acid) (PLA) is an important example of a biobased polymer, which is also biodegradable. However, industrial composting of PLA affords water and carbon dioxide only and in the natural environment, PLA has a slow biodegradation rate. Therefore, recycling processes are important for PLA, particularly chemical recycling, which affords monomers and useful platform chemicals, maintaining the usefulness and value of the material. This review covers the different methods of PLA chemical recycling, highlighting recent trends and advances in the area.

The catalyzed methanolysis of end-of-life poly(lactic acid) (PLA) products by an ethylenediamine Zn(II) complex to form biodegradable methyl lactate was studied experimentally at 70, 90, and 110 °C. The PLA samples consisted of typical consumer waste materials, including a cup, a toy, and a three-dimensional (3D) printing material. High selectivities and yields (>94%) were possible depending on temperature and reaction time. Additionally, and to develop a predictive kinetic model, kinetic parameters (pre-exponential factor and activation energies) of the PLA transesterification reaction were first obtained from virgin PLA. These parameters were subsequently used to estimate the conversion of PLA, selectivity, and yield of methyl lactate after 1 and 4 h of the reaction, and the results were compared with the experimental values of the end-of-life PLA. Despite the presence of unknown additives in the PLA waste material and uncontrolled particle size, the model was able to predict the overall conversion, selectivity, and yield to an average deviation of 5, 7, and 12%, respectively. A greater agreement between the model and experimental values is observed for the higher temperatures and the longer reaction time. Larger deviations were observed for the PLA toy, which we attribute to the presence of additives, since despite its lower molecular weight, it possessed a higher structural strength.

An extensive multi-country outbreak of multidrug-resistant monophasic

This chapter discusses the adverse inferences that may be drawn against an accused from: his failure to testify; his failure, when questioned or charged, to mention facts which he could reasonably have been expected to have mentioned at that time and which he later relies on in his defence at trial; his failure or refusal, on arrest, to account for any object, substance, or mark that the police reasonably believe may be attributable to his participation in the commission of an offence; his refusal to consent to the taking of an intimate sample, such as a sample of blood, semen, or urine; and his failure to provide advance disclosure of the defence case, the nature of his defence, or the facts on which he takes issue with the prosecution.

This chapter discusses exceptions to the general rule that there is no requirement for evidence to be corroborated. There are three categories of exception (i) where corroboration is required as a matter of law (speeding, perjury, treason, and attempts to commit these offences) and therefore a conviction cannot be based on uncorroborated evidence; (ii) where neither corroboration in a technical sense nor supportive evidence is required as a matter of law, but the tribunal of fact may need to be warned to exercise caution before acting on the evidence of certain types of witness, if unsupported; (iii) five cases in which corroboration is not required as a matter of law, and there is no obligation to warn the tribunal of fact of the danger of acting on the unsupported or uncorroborated evidence, but there is a special need for caution. The five cases are confessions by mentally handicapped persons, identification evidence, lip-reading evidence, cases of Sudden Infant Death Syndrome, and unconvincing hearsay. Identification evidence is dealt with separately in Chapter 10.

This chapter discusses the law on experts and opinion evidence. As a general rule, opinion evidence is inadmissible: a witness may only speak of facts that he personally perceived, not of inferences drawn from those facts. However, there are two exceptions to this general rule: (i) an appropriately qualified expert may state his opinion on a matter calling for the expertise that he possesses; and (ii) a non-expert witness may state his opinion on a matter not calling for any particular expertise as a way of conveying the facts that he personally perceived. Experts may also give evidence of fact based on their expertise. The chapter covers the duties of experts and the rules which apply where parties propose to call expert evidence.

The questioning of witnesses, which generally falls into three stages known as examination-in-chief, cross-examination, and re-examination, is central to the English adversary system of justice. This chapter focuses on the first stage, examination-in-chief. In this stage the party calling a witness, or counsel on his behalf, will seek to elicit evidence that supports his version of the facts in issue. The discussions cover young and vulnerable witnesses; the rule against leading questions and the exceptions to the rule; refreshing the memory in court and out of court; the rule against previous consistent or self-serving statements and the common law exceptions to the rule (complaints in sexual cases, statements admissible to rebut allegations of recent fabrication, statements made on accusation, previous identification, statements admissible as part of the res gestae and statements in documents used to refresh the memory and received in evidence); and unfavourable and hostile witnesses.

This chapter discusses the following: (i) the competence and compellability of witnesses (including the special rules that apply in the case of the accused, the spouse or civil partner of an accused, persons with a disorder or disability of the mind, the Sovereign, diplomats, and bankers); (ii) oaths and affirmations; (iii) the use of live links; (iv) the time at which evidence should be adduced; (v) witnesses in civil cases (including the witnesses to be called and the use of witness statements); (vi) witnesses in criminal cases (including the witnesses to be called, the order of witnesses, evidence-in-chief by video recording and special measures directions for vulnerable and intimidated witnesses); (vii) witness anonymity; and (viii) witness training and familiarization.

Evidence is information by which facts tend to be proved, and the law of evidence is that body of law and discretion regulating the means by which facts may be proved in both courts of law and tribunals and arbitrations in which the strict rules of evidence apply. This introductory chapter discusses truth and the fact-finding process and explains how getting to the truth in court is hampered by practical constraints, the adversarial system, the rules of evidence themselves, and the fact that litigation is a human endeavour that necessarily provides scope for differences of opinion, error, deceit, and lies. The chapter also contains a brief history of the development of the law to date.

This chapter examines the circumstances in which a verdict is admissible in subsequent proceedings as evidence of the facts on which it was based. It analyses the rule in Hollington v Hewthorn & Co Ltd, which has been widely criticized, that judgments are not admissible as evidence of the facts on which they are based. Its effect, in both civil and criminal proceedings, has been largely removed by the Civil Evidence Act 1968 and the Police and Criminal Evidence Act 1984, respectively. Concerning civil proceedings, consideration is given to previous convictions generally, previous convictions in defamation proceedings, previous findings of adultery and paternity, previous acquittals, and other previous findings. Concerning criminal proceedings, consideration is given to previous convictions of the accused, previous convictions of persons other than the accused, and previous acquittals.

This chapter considers the risk of mistaken identification, and the law and procedure relating to evidence of visual and voice identification. In respect of evidence of visual identification, the chapter addresses: the Turnbull guidelines, including when a judge should stop a case and the direction to be given to the jury; visual recognition, including recognition by the jury themselves from a film, photograph, or other image; evidence of analysis of films, photographs, or other images; pre-trial procedure, including procedure relating to recognition by a witness from viewing films, photographs, either formally or informally; and admissibility where there have been breaches of pre-trial procedure. In respect of evidence of voice identification, the chapter addresses: pre-trial procedure; voice comparison by the jury with the assistance of experts or lay listeners; and the warning to be given to the jury (essentially an adaption of the Turnbull warning, but with particular focus on the factors which might affect the reliability of voice identification).

This chapter discusses several well-established principles whereby relevant evidence is excluded because of extrinsic considerations which outweigh the value that the evidence would have at trial. Three types of privilege are considered: (i) the privilege against self-incrimination (including statutory withdrawal of the privilege, compatibility with Art 6 of the European Convention on Human Rights, the compulsory production of pre-existing documents and materials, and substituted protection); (ii) legal professional privilege, which enables a client to protect the confidentiality of (a) communications between him and his lawyer made for the purpose of obtaining and giving legal advice (known as ‘legal advice privilege’) and (b) communications between him or his lawyer and third parties for the dominant purpose of preparation for pending or contemplated litigation (known as ‘litigation privilege’); and (iii) ‘without prejudice’ privilege, which enables settlement negotiations to be conducted without fear of proposed concessions being used in evidence at trial as admissions.

This chapter first discusses cross-examination, the questioning of a witness immediately after his examination-in-chief by the legal representative of the opponent of the party calling him, or by the opposing party in person, and by the legal representative of any other party to the proceedings or by any other party in person. The object of cross-examination is to elicit evidence which supports the cross-examining party’s version of the facts in issue and to cast doubt upon the witness’s evidence-in-chief. It then turns to re-examination. A witness who has been cross-examined may be re-examined by the party who called him. The object of re-examination is to repair damage that has been done by cross-examination.

This chapter considers the following categories of hearsay: statements in public documents, works of reference, evidence of birth, age, and death, evidence of reputation, statements forming part of the res gestae, and statements which are admissions made by an agent of a defendant. All of these categories were established at common law as exceptions to the rule against hearsay, and all of them have been preserved by statute. The categories relating to age and res gestae have been preserved in criminal but not civil proceedings. All of the other categories have been preserved in both criminal and civil proceedings.

This chapter discusses the circumstances in which relevant evidence can be excluded, as a matter of law or discretion, on the grounds that it was obtained illegally, improperly, or unfairly. The principles for exclusion of evidence are considered, and exclusion in both civil and criminal cases are covered. In respect of civil cases, discretionary exclusion under the civil procedure rules is examined, and in respect of criminal cases, discretionary exclusion at common law and under statute is discussed. The chapter also considers the circumstances in which criminal proceedings should be stayed as an abuse of the court’s process, where a trial would undermine public confidence in the criminal justice system and bring it into disrepute.

This chapter discusses the admissibility of confessions under the Police and Criminal Evidence Act 1984 (the 1984 Act). It considers how, under s 76(2) of the 1984 Act, confessions may be excluded as a matter of law where obtained by oppression or in consequence of something said or done which was likely to render any such confession unreliable. It also considers the discretion to exclude confessions under s 78(1) of the 1984 Act; the effect of breaches of the Codes of Practice issued under the 1984 Act; the voir dire; statements made in the presence of the accused; and facts discovered in consequence of inadmissible confessions.

This chapter discusses the meaning of hearsay in criminal proceedings and the categories of hearsay admissible by statute in such proceedings. It considers the relationship between the hearsay provisions of the Criminal Justice Act 2003 (the 2003 Act) and Article 6 of the European Convention on Human Rights as it relates to hearsay; the definition of hearsay and its admissibility under the 2003 Act, including admissibility under an inclusionary discretion (section 114(1)(d)); and safeguards including provisions relating to the capability and credibility of absent witnesses, the power to stop a case and the discretion to exclude. Also considered in this chapter are: expert reports; written statements under section 9 of the Criminal Justice Act 1967; and depositions of children and young persons under section 43 of the Children and Young Persons Act 1933.

Facts in issue and relevant facts are treated as established by the courts only insofar as they are proved by evidence. This chapter discusses three exceptions to this general rule: (i) some facts may be presumed in a party’s favour in the absence of proof or complete proof, including marriage, legitimacy, death, the regular and proper performance of public or official acts, sanity, and negligence; (ii) a fact will be treated as established where the court takes judicial notice of it either (a) without enquiry, in the case of facts that are beyond serious dispute, notorious or of common knowledge or (b) after enquiry (usually political facts, customs, professional practices, and historical and geographical facts); and (iii) a fact ceases to be in issue when a party has formally admitted it.

This chapter discusses the law on documentary evidence and real evidence. It addresses the following key issues: Where a party to litigation wishes to adduce in evidence a statement contained in a document, (a) should it be open to proof by production of a copy of the document and, if so, (b) in what circumstances and subject to what safeguards? Where a party to litigation wishes to admit a document in evidence, (a) should he be required to establish that it was written, signed, or attested by the person by whom it purports to be written, signed, or attested and, if so, (b) how should these matters be established? When should material objects and other types of real evidence be admissible in evidence and why do they need to be accompanied by oral testimony? When, and subject to what safeguards, should a court inspect a place or object out of court?

Hepatitis A virus (HAV) infection is a notifiable disease in Ireland, with national coverage of clinical and laboratory surveillance. In December 2020, a cluster of 11 HAV cases among the Irish Traveller community was detected. The outbreak investigation identified 61 total HAV cases from September 2020 to November 2021. Sequenced isolates were sub-genotype IA with identical genome sequence. Case-patients were predominantly aged under 18 (77%), hospitalised (46%) and lived on communal residential sites. Mass onsite HAV vaccination was employed following failure of initial ring vaccination to contain the outbreak. This is the largest outbreak of HAV described in Ireland, involving spillover to the UK and Netherlands. We recommend mass HAV vaccination and tailored communication for outbreak control in migratory subpopulations.

A series of well-defined mono- and dimeric Zn(II)-complexes were prepared and fully characterised by X-ray crystallography and NMR spectroscopy. Their application to the ROP of rac-LA to produce biocompatible atactic PLA was demonstrated in both solution and under industrially preferred melt conditions at 180 °C with a [rac-LA] : [Init] : [BnOH] of 3000 : 1 : 10. Exceptional activity was observed in all instances, albeit with generally poor molecular weight control (Mn) and broad dispersities (Đ), with dimers outperforming their monomeric counterparts. The propensity of all Zn(II)-complexes to facilitate PLA degradation into methyl lactate (Me-LA) under mild conditions is also demonstrated. Zn(2–3)2 were identified as the outstanding candidates, achieving full conversion to Me-LA within 8 h at 80 °C in THF. Further degradation kinetic analysis revealed Zn(2–3)2 to have kapp values of 0.63 ± 0.051 and 0.44 ± 0.029 h−1 for the rate of consumption of PLA respectively.

A stereoselective, solvent-free ring-opening polymerisation (ROP) of lactide (LA) in supercritical carbon dioxide (scCO2) is reported for the first time. The key aim is to exploit scCO2 to lower the temperature of traditional melt polymerisations, lowering the energy requirement and leading to cleaner polymeric materials. We have utilised a zirconium amine-trisphenolate initiator-stereoselective catalyst [(iPrO)Zr(OPh(tBu)2-CH2)3N] to yield highly heterotactic poly(lactide) (PLA) homopolymer (Pr = 0.74–0.84) from rac-LA, demonstrating control of the PLA microstructure in scCO2. In addition, high monomer conversion (86–93%) was achieved in short reaction time (1 h), affording poly(lactide) with a very low degree of transesterification and narrow molecular weight distribution. Most importantly, all the reactions were performed at only 80 °C, almost 100 °C lower than the conventional melt process (typically performed at 130–180 °C), representing a very significant potential energy saving.

A series of five iron and aluminum complexes bearing {ONSO} imine thiobis(phenolate) ligands have been prepared and applied to the ring-opening polymerization (ROP) of rac-lactide. Fe(1)Cl produced polylactide with a very strong isotactic bias (P m = 0.79-0.89) and well-defined melting temperatures (T m = 154-181 °C). The polymers have been characterized by a combination of 1H{ 1H} NMR, 13C{ 1H} NMR, gel permeation chromatography, thermogravimetric analysis, differential scanning calorimetry, and powder X-ray diffraction. Fe(1)Cl has also been shown to activate CO 2, at atmospheric pressure and concentrations, to form a carbonato-bridged dimer. Fe(2-5)Cl and Al(1-5)Me were also active for lactide ROP demonstrating good-molecular-weight control (A = 1.04-1.12) and moderate isotactic preference (P m = 0.56-0.72), with polymerization outcome correlating with ligand substituents.

Growing environmental concerns associated with the accumulation of plastic waste in the natural environment has incentivised considerable research into renewable alternatives, and more recently, alternative waste management strategies. This review aims to introduce poly (lactic acid) (PLA), a bioplastic, and recent research within the field. Attention will then shift to research surrounding plastic waste management. Various end-of-life (EOL) options available to plastics will be discussed more broadly, before presenting existing technologies, challenges and future opportunities exclusively for PLA. Herein, all waste management strategies presented for PLA are discussed within the context of industrial feasibility.

A series of monopyrrolidine metal complexes have been prepared with the aim of elucidating structure-to-activity relationships for the ROP of lactide. Complexes of Li(I), Mg(II), Zn(II) and Zr(IV) were synthesised and fully characterised. Structural comparisons are made to the bipyrrolidine analogues. These monopyrrolidine complexes were found to be active towards the ROP of lactide under both solution and melt conditions. The zirconium complexes were found to have reduced and opposing stereocontrol compared to the bipyrrolidine analogues. The zinc and magnesium complexes demonstrated good activity and control under immortal polymerisation conditions.

The recent judgment in Casamitjana Costa v The League Against Cruel Sports in England and Wales held that ethical veganism was a protected philosophical belief under employment law. In contrast, vegetarianism was found not to be a protected philosophical belief in Conisbee v Crossley Farms Limited and others. The authors argue that the Employment Tribunal misunderstood the notion of vegetarianism when deciding that it was a ‘life-style choice’. There are different kinds of vegans and vegetarians, each with their own way of practising the philosophy which influences how they live their life. Not all people who follow a meat-free diet should be afforded this protection, and it depends on whether their belief is one which is determined by certain factors, such as animal welfare and environmentalism, rather than for health purposes. The authors explore the arguments and analysis in the above employment cases, coming to the conclusion that the tribunals oversimplified what it means to hold values such as veganism and vegetarianism, failing to understand the differences between different classifications and sub-groups when coming to a decision. The different kinds of vegans and vegetarians and their characteristics are outlined, before determining whether this should constitute protection under employment law, protecting individuals from discrimination. The situation in the USA and Canada regarding this issue is very different, and there are parallels drawn with attempting to establish veganism or vegetarianism as a religion, and where they could benefit from the recent decision in England and Wales. Finally, this paper concludes that ethical and environmental veganism and vegetarianism should both qualify as protected philosophical beliefs, but other kinds may fall short of what is required to satisfy the requirements under law.

Herein, we report a series of highly active Al(III)-complexes based on a novel hybrid ligand: the catalen. Their application in the production of polylactide under both solution, and industrially preferred melt conditions, is demonstrated. Potential structural diversification to broaden initiator scope is discussed.

This chapter discusses the circumstances in which, in criminal proceedings, evidence of the good character of the accused may be adduced because of its relevance either to a fact in issue or to his credibility. It addresses the following issues: Why should an accused be allowed to call evidence of his previous good character? What is meant by ‘good character?’ Linked to this, where an accused has previous convictions, in what circumstances might it be acceptable for a judge to tell a jury that they should consider the accused as a person of good character? Where an accused has no previous convictions, in what circumstances might it be acceptable for a judge to refuse to tell a jury that they should treat the accused as a person of good character? Other issues discussed include the admissibility of evidence of the good character of prosecution witnesses.

This chapter discusses the following: (i) the competence and compellability of witnesses (including the special rules that apply in the case of the accused, the spouse or civil partner of an accused, persons with a disorder or disability of the mind, the Sovereign, diplomats, and bankers); (ii) oaths and affirmations; (iii) the use of live links; (iv) the time at which evidence should be adduced; (v) witnesses in civil cases (including the witnesses to be called and the use of witness statements); (vi) witnesses in criminal cases (including the witnesses to be called, the order of witnesses, evidence-in-chief by video recording and special measures directions for vulnerable and intimidated witnesses); (vii) witness anonymity; and (viii) witness training and familiarization.

This chapter discusses several well-established principles whereby relevant evidence is excluded because of extrinsic considerations which outweigh the value that the evidence would have at trial. Three types of privilege are considered: (i) the privilege against self-incrimination (including statutory withdrawal of the privilege, compatibility with Article 6 of the European Convention on Human Rights, the compulsory production of pre-existing documents and materials, and substituted protection); (ii) legal professional privilege, which enables a client to protect the confidentiality of (a) communications between him and his lawyer made for the purpose of obtaining and giving legal advice (known as ‘legal advice privilege’) and (b) communications between him or his lawyer and third parties for the dominant purpose of preparation for pending or contemplated litigation (known as ‘litigation privilege’); and (iii) ‘without prejudice’ privilege, which enables settlement negotiations to be conducted without fear of proposed concessions being used in evidence at trial as admissions.

Under the common law rule against hearsay, any assertion, other than one made by a person while giving oral evidence in the proceedings, was inadmissible if tendered as evidence of the facts asserted. The Civil Evidence Act 1968 constituted a major assault upon the common law rule in civil proceedings by making provisions for the admissibility of both oral and written hearsay subject to certain conditions. In June 1988 the Civil Justice Review recommended an inquiry by a law reform agency into the usefulness of the hearsay rule in civil proceedings and the machinery for rendering it admissible. The subsequent recommendations of the Law Commission were put into effect by the Civil Evidence Act 1995. This chapter discusses the admissibility of hearsay under the Civil Evidence Act 1995; safeguards; proof of statements contained in documents; evidence formerly admissible at common law; and Ogden tables.

The Modern Law of Evidence is a comprehensive analysis of the law of criminal and civil evidence and the theory behind the law. It identifies all the key issues, emphasizes recent developments and insights from the academic literature, and makes suggestions for further reading. The work begins with a definition of evidence and the law of evidence and an outline of its development to date. It then describes and analyses the key concepts, such as the facts open to proof, the forms that evidence can take, relevance, admissibility, weight and discretion, including the discretion to exclude evidence obtained by illegal or unfair means. It then proceeds to cover in a logical sequence all aspects of the subject: the burden and standard of proof, witnesses, examination-in-chief, cross-examination and re-examination, corroboration and care warnings, documentary and real evidence, identification evidence, hearsay, confessions, adverse inferences from an accused’s silence, evidence of good and bad character, opinion evidence, public policy, privilege, judgments as evidence of facts on which they were based, and the proof of facts without evidence.

This chapter discusses the rules governing which party bears the legal and evidential burdens on which facts in issue. These rules can determine the eventual outcome of proceedings; determine which party has the right to begin adducing evidence in court; in what circumstances a defendant, at the end of the case for the prosecution, or claimant, may make a successful submission of no case to answer; and how the trial judge should direct the jury. The chapter begins by defining and distinguishing the legal, evidential, and other burdens, and then considers in detail which burden is borne by each of the parties on the various facts in issue in any given case. The chapter also considers the standard of proof in criminal proceedings where the burden is on the prosecution and on the accused. The standard of proof in civil proceedings is also considered.

This chapter discusses the admissibility of confessions under the Police and Criminal Evidence Act 1984 (the 1984 Act). It considers how, under s 76(2) of the 1984 Act, confessions may be excluded as a matter of law where obtained by oppression or in consequence of something said or done which was likely to render any such confession unreliable. It also considers the discretion to exclude confessions under s 78(1) of the 1984 Act; the effect of breaches of the Codes of Practice issued under the 1984 Act; the voir dire; statements made in the presence of the accused; and facts discovered in consequence of inadmissible confessions.

This chapter discusses the law on documentary evidence and real evidence. It addresses the following key issues: Where a party to litigation wishes to adduce in evidence a statement contained in a document, (a) should it be open to proof by production of a copy of the document and, if so, (b) in what circumstances and subject to what safeguards? Where a party to litigation wishes to admit a document in evidence, (a) should he be required to establish that it was written, signed, or attested by the person by whom it purports to be written, signed, or attested and, if so, (b) how should these matters be established? When should material objects and other types of real evidence be admissible in evidence and why do they need to be accompanied by oral testimony? When, and subject to what safeguards, should a court inspect a place or object out of court?

This chapter discusses the admissibility of evidence of character. A number of factors govern the admissibility of character evidence, including whether the proceedings are civil or criminal and whether the evidence relates to the character of a party or non-party. It is also necessary to consider the nature of the character evidence in question. It may relate to either good or bad character and, in either event, may constitute evidence of a person’s actual disposition, that is his propensity to act, think, or feel in a given way; or evidence of his reputation, that is his reputed disposition or propensity to act, think, or feel in a given way. Thus, the character of a person may be proved by evidence of general disposition, by evidence of specific examples of his conduct on other occasions (including, in the case of bad conduct, evidence of his previous convictions), or by evidence of his reputation among those to whom he is known. The chapter considers civil cases in which bad character designated ‘similar fact evidence’ has been admitted.

This chapter examines the circumstances in which a judgment in a civil case or a verdict in a criminal case is admissible in subsequent proceedings as evidence of the facts on which it was based. It analyses the rule in Hollington v Hewthorn & Co Ltd, which has been widely criticized, that judgments are not admissible as evidence of the facts on which they are based. Its effect, in both civil and criminal proceedings, has been largely removed by the Civil Evidence Act 1968 and the Police and Criminal Evidence Act 1984 respectively. Concerning civil proceedings, consideration is given to previous convictions generally, previous convictions in defamation proceedings, previous findings of adultery and paternity, previous acquittals, and other previous findings. Concerning criminal proceedings, consideration is given to previous convictions of the accused, previous convictions of persons other than the accused, and previous acquittals.

This chapter considers the risk of mistaken identification, and the law and procedure relating to evidence of visual and voice identification. In respect of evidence of visual identification, the chapter addresses: the Turnbull guidelines, including when a judge should stop a case and the direction to be given to the jury; visual recognition, including recognition by the jury themselves from a film, photograph, or other image; evidence of analysis of films, photographs, or other images; pre-trial procedure, including procedure relating to recognition by a witness from viewing films, photographs, either formally or informally; and admissibility where there have been breaches of pre-trial procedure. In respect of evidence of voice identification, the chapter addresses: pre -trial procedure; voice comparison by the jury with the assistance of experts or lay listeners; and the warning to be given to the jury (essentially an adaption of the Turnbull warning, but with particular focus on the factors which might affect the reliability of voice identification).