Criminal Evidence Act - Law Dictionary Search Results
Home Dictionary Name: criminal evidence act Page: 2 Page 2 of about 36 results (0.003 seconds)Privileged communication
Privileged communication, a communication which a witness cannot be compelled to divulge, such as that which takes place between husband and wife (see the (English) Evidence Amendment Act, 1853 (16 & 17 Vict. c. 83), s. 3, and Criminal Evidence Act, 1898 (61 & 62 Vict. c. 36), s. 1), between a client and his legal adviser, and which cannot be disclosed without the client's consent; secrets of State, etc. See also CONFESSION. Also a communication which cannot be made the ground of an action for defamation, either (a) absolutely, or (b) without a malicious motive, such as that which is made truthfully and bona fide by a master respecting the character of a servant to a person intending to employ him. Incidental publication will not affect the privilege, Edmondson v. Birch, (1907) 1 KB 371; consult Odgers on Libel. See LIBEL....
Shorthand Notes
Shorthand Notes. The only statutory provision for the taking of shorthand notes is in s. 16 of the Criminal Appeal Act, 1907 (see that title).Such notes of the evidence are usually made in important cases; but the costs of taking them will usually not be allowed, unless on an appeal they are used by the court [see Castner, etc., Co. v. Commercial Corporation, (1899) 1 Ch 803), and they can be so used on an appeal from a county court, even though not signed by the judge, Barber v. Burt, (1894) 2 QB 437. The costs of shorthand notes of the judgment of a court below are on appeal allowed without special order, Re De Falbe, (1901) 1 Ch 542....
Proved
Proved, there is no difference between the general rules of evidence in civil and criminal cases, and the definition of 'proved' in s. 3 of the Evidence Act does not draw a distinction between civil and criminal cases. Nor does this definition insist on perfect proof because absolute certainty amounting to demonstration is rarely to be had in the affairs of life. Nevertheless, the standard of measuring proof prescribed by the definition, is that of a person of prudence and practical good sense. 'Proof' means the effect of the evidence adduced in the case, Ch. Razik Ram v. Ch. Jaswant Singh Chouhan, AIR 1975 SC 667: (1975) 4 SCC 769.(ii) S. 3 of the Evidence Act, a fact is said to be 'proved' when, after considering the matters before it, the court either believes it to exist, or considers its existence so probable than a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists. This definition of 'proved' does not draw any distinctio...
Offence
Offence, crime; act of wickedness. It is used as a genus, comprehending every crime and misde-meanour, or as a species, signifying a crime not indictable, but punishable summarily, or by the forfeiture of a penalty.There are certain acts which are heinous sins and odious in the public eye and are punishable in the Ecclesiastical Courts, but not being punishable at Common Law, and the proceedings in the Ecclesiastical Courts being held to be prosalute anim' and not to entail any temporal injury, they cannot be classed with ordinary Common Law and statutory offences; and it is no slander to impute them unless special damage follows.Other offences are divided into three classes, viz.:-(1) Treasons; (2) Felonies; and (3) Misdemeanours. See several titles.Consult Russell on Crimes; Archbolds' or Roscoe's Criminal Evidence.It means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under s. 20 of the Cat...
Accessary, or Accessory
Accessary, or Accessory [particeps criminis quasi accedens ad culpam, Lat. As though assenting to the offence], he who is not a chief actor at a felony, nor present at its perpetration, but yet is in some way concerned therein, either before or after the fact committed. An accessory before the fact is one who being absent at the time of the commission of the felony, yet procures, counsels, or commands another to commit a crime. Absence is necessary to make him an accessory, for if he be present, he becomes a principal. An accessory after the fact is one who, knowing a felony to have been committed, receives, relieves, comforts, or assists the felon; but a wife may lawfully receive, comfort and assist her husband, though knowing him to be a felon. In treason and misdemeanours there are no accessories, either before or after the offence, every person implicated being a principal [see (English) Accessories and Abettors Act, 1861, s. 8, and Du Cross v. Lambourne, (1907) 1 KB 40]. In mansla...
Deposition
Deposition: (1) Depriving of a dignity, etc. (2) The act of giving public testimony, technically, the evidence put down in writing by way of answer to questions. It is an incontrovertible rule at Common Law, that when the witness himself can be produced, his deposition may not be read, for it is not the best evidence. But it may be read not only where it appears that the witness is actually dead, but in all cases where he is dead for all purposes of evidence: as where diligent search has been made for the witness and he cannot be found; where he resides in a place beyond the jurisdiction of the Court; or where he has become lunatic. See now, however, R. S.C. 1883, Ord. XXXVII., rr. 1, 5; and EVIDENCE; PERPETUATE TESTIMONY, BILLS TO.As to deposition in criminal proceedings (in connec-tion with which the term is most commonly used), see especially the (English) Indictable Offences Act, 1848 (11 & 12 Vict. c. 42), s. 17, and the (English) Criminal Law Amendment Act, 1867 (30 & 31 Vict. c....
Perpetuating testimony
Perpetuating testimony. When evidence is likely to be irrecoverably lost, by reason of a witness being old, or infirm, or going abroad before the matter to which it relates can be judicially investigated, equity will, by anticipation, preserve and per-petuate such evidence in order to prevent a failure of justice; and by (English) R.S.C. Ord. XXXVII., R. 35, superseding but substantially reenacting the repealed 5 & 6 Vict. c. 69, any person who would become entitled, upon the happening of any future event, to any honour, title, dignity, or office, or to any property, real or personal, the right or claim to which cannot by him be brought to trial before the happening of such future event, may commence an action to perpetuate any testimony which may be material for establishing such right or claim.This jurisdiction emanates from the anxiety of equity to ward off litigation, where it may be oppressively exercised, by preserving the evidence in maintenance of an unpossessed legal right, or...
Corroboration
Corroboration, evidence in support of principal evidence, e.g., in addition to that of the mother, to charge the father of an illegitimate child under the Bastardy Acts. See AFFILIATION.In an action for breach of promise of marriage the plaintiff may give evidence, but cannot recover a verdict unless corroborated by other material evidence in support of the promise, 32 & 33 Vict. c. 68, s. 2. See MARRIAGE, PROMISE OF. Corroboration is also required in certain cases under the (English) Criminal Law Amendment Act, 1885 (48 & 49 Vict. c. 69(, ss. 2, 3, and 4 and also by s. 15 (1), (2) of the (English) Prevention of Cruelty to Children Act, 1904 (4 Edw. 7, c. 15). By the (English) Children and Young Persons Act, 1933 (23 & 24 Geo. 5, c. 1), s. 38, the evidence of children of tender years, though not given on oath, needs corroboration. See UNUS NULLUS RULE.of a witness's testimony must be afforded by means of independent evidence which implicated by connecting or tending to connect him in a...
Criminal Procedure Act, 1885 (English)
Criminal Procedure Act, 1885 (English) (28 & 29 Vict. c. 18), sometimes called 'Mr. Denman's Act' (Chit. Stat. Tit. 'Evidence': Statutes Revised); an Act, as the Preamble states, assimilating thelaw of evidence and practice on trials for felony and misdemeanour, and other proceedings in courts of criminal judicature, to that on trials at nisi prius, and enacting bys. 1 that-The provisions of s. two of this Act shall apply to every trial for felony or misdemeanor . . . and that the provisions of ss. from 3 to 8 inclusive of this act shall apply to all Courts of Judicature as well criminal as all others, and to all pesons having, by law or by consent of parties, authority to hear, receive,and examine evidence.The italicized words of the above enactment give the Act a great and general importance, especially because ss. 22-27 of the (English) Common Law Procedure Act, 1854 (17 & 18 Vict. c. 125), have been repealed by the (English) Statute Law Revision Act, 1892, as beng substantially ide...
Criminal Appeal Act, 1907 (English)
Criminal Appeal Act, 1907 (English) (7 Edw. 7, c. 23), came into force on the 19th April, 1908. For a great number of years the merits and demerits of criminal appeal have been discussed in this country.In 1844 Sir Fitzroy Kelly, in a remarkable speech in the House of Commons, advocated criminal appeal, the claim to which has also been recognized by Starkie, Sir John Holker, and Chief Baron Pollock; and even Blackstone,with whom, as Mr. Lecky has observed, admiration of our national jurisprudence was almost a foible, passed some severe criticisms on the stateof the criminal law of his day. In more recent times Lord James of Hereford (then Sir Henry James) introduced a criminal appeal bill into the House of Commons,which was supported by Lord Russell of Killowen (then Sir Charles Russell). And in 1889 Lord Fitzgerald, when introducing a measure into the House of Lords, said that the absene of any provision for rectifying errors andmistakes in criminal cases constituted a blot upon the c...
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