Evidence, 2nd Edition by Declan McGrath

Author: Declan McGrath
Publisher: Round Hall
Publication Date: 31/12/2014
ISBN: 9780414035058
Jurisdiction: Ireland

'Scholarly but extremely practical work'

The Hon Mr Justice Ronan Keane in the Foreword to the first edition.

Part of the Round Hall Brehon Library, Evidence is unique in its breadth of coverage and detail. It deals not only with the law of evidence as it applies to criminal trials but also with the rules applicable in civil trials. It concentrates on Irish case law in relation to the Law of Evidence, but also discusses relevant jurisprudence from other jurisdictions including decisions of the European Court of Human Rights. This title is the definitive book on evidence and is a must-have for the serious practitioner.

Key Features

  • Examines the concept of relevance and the basic rules governing the admissibility of evidence
  • Discusses the competence and compellability of witnesses, the rules and principles governing the examination of witnesses, previous consistent statements, and legislative provisions permitting evidence to be given by live television link and certificate
  • Analyses the various measures adopted to deal with the problems posed by unreliable evidence including accomplice evidence, the evidence of sexual complainants and children, and the rules regarding identification evidence
  • Reviews in detail all of the privileges available in criminal and civil proceedings including legal professional privilege, without prejudice privilege and public interest privilege
  • Gives an in-depth review of the policy and constitutional basis for the protection in Irish law of the right not to be compelled to incriminate oneself and, in particular, the right of an accused not to testify, the right to silence of a criminal suspect and the privilege against self-incrimination

New to this Edition

  • New legislation included: Criminal Justice Act 2006; Criminal Justice Act 2007; Criminal Procedure Act 2010; Criminal Justice Act 2011
  • Cases covered include: People (DPP) v Gormley (2014); People (DPP) v Murphy (2013); Inspector of Taxes v A Firm of Solicitors (2013); People (DPP) v Curran (2011); DPP v Bolger (No. 2) (2014); McNulty v Ireland (2013), and DPP v McNeill (2011).

Contents

Relevance and admissibility; The burden of proof; Oral evidence; Unreliable evidence; The rule against hearsay; Opinion evidence; Improperly obtained evidence; Confessions; Character evidence; Privilege; Self-incrimination; Documentary, real and electronic evidence; Facts not requiring proof.

About the Author

Declan McGrath SC is a practising barrister.