Podcast Location:
Download it here [file size: 21.4 MB]
Categories:
Criminal Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This two part CPDcast series aims to provide an overview of certain aspects of the criminal trial procedure in the context of a prosecution for a death at work. The podcasts focus specifically on bad character evidence and hearsay evidence.

Outcomes:
After completing the course you will:
  • Know, when a company is being prosecuted, how they can have bad character evidence excluded;
  • Understand the sanctions that surround bad character evidence;
  • Know the issues that surround bad character of non-defendants;
  • Understand the rules of admissibility of bad character evidence of non-defendants;
  • Understand what hearsay evidence is;
  • Understand when hearsay evidence is admissible;
  • Know what types of evidence there might be in a prosecution for corporate manslaughter;
  • Appreciate how evidence of deceased or absent witnesses is admitted;
  • Understand the rules surrounding previous statements of witnesses;
  • Know when company records can become admissible in corporate criminal trial;
  • Understand the rules of multiple hearsay;
  • Know when hearsay evidence can be challenged;
  • Know the notice requirements laid out in CPR r34.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Legal Principles
Practical Guide
Sources and References:
  • Criminal Justice Act 2003;
  • Luca v Italy [2001] 36 EHRR 807;
  • R v Cole and R v Keet [2007] 1 WLR 2716;
  • R v DT [2009] EWCA Crim 1213;
  • R v Xhabri [2006] 1 Cr App R 26.

In this two part CPDcast series, Felicity Gerry, a barrister at 36 Bedford Row, discusses corporations in criminal trials with a particular emphasis on bad character evidence and hearsay evidence. In part one, Felicity examined bad character evidence particularly the key elements of the Criminal Justice Act 2003 and relevant case law. In this part, she continues to look at bad character but also addresses hearsay evidence.

Podcast added: 25/09/09

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