Podcast Location:
Download it here [file size: 19.4 MB]
Categories:
Criminal Law
CPD Points:
Up to 1 point. details »

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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 CPDcast aims to provide an overview of the law of obtaining, adducing and contesting evidence from abroad by examining letters of request, the hearsay rules and key Court of Appeal cases.

Outcomes:
After completing the course you will:
  • Understand why the law on cross-border evidence is worthy of discussion;
  • Appreciate the formal procedure involved in the collection of evidence abroad;
  • Understand when a letter of request can be issued and who can apply for one;
  • Know what the letter of request should contain;
  • Understand what happens when a request is made to jurisdictions inside and outside of the EU;
  • Appreciate the potentially problematic role of the UK Central Authority;
  • Know how the defence can counter these potential difficulties;
  • Understand what happens iif the defence is unable to obtain evidence; Know the case of Athwal;
  • Understand the importance of the Court of Appeal case of Radak;
  • Understand how evidence can be given via video link from abroad;
  • Know the rules of witness attendance and the admittance of hearsay in this context;
  • Know the ruling of the Court of Appeal in R v C;
  • Understand the rules surrounding real evidence from abroad.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Legal Principles
Practical Guide
Sources and References:
  • Crime (International Co-operation) Act 2003;
  • R v Athwal [2009] EWCA Crim 789;
  • R v Radak and Others [1999] 1 Cr App R 187;
  • Criminal Justice Act 1988;
  • Castillo [1996] 1 Cr App R 438;
  • R v C and another [2006] EWCA Crim 197;
  • R v Redmond [2006] EWCA Crim 1744;
  • R v McNab [2001] EWCA Crim 1605.

In this CPDcast, Robin Loof of QEB Hollis Whiteman examines the law of obtaining, adducing and contesting evidence from abroad. Robin discusses the formal procedure behind collecting evidence from abroad including the provisions dealing with the issuing of letters of request and also explains how evidence is adduced through video link, witness attendance and the hearsay gateways. Robin concludes by examining the rules on admissibility for real evidence.

Podcast last reviewed: 2012-02-27

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