Case Study Youth Justice Criminal Evidence Act 1999 Legal Essay




Case Study Youth Criminal Evidence Act The Facts Ostensibly the relevant facts are that - a The suspect was charged with rape and b asked the judge for permission to adduce evidence, from the Youth Justice amp, Criminal Evidence Act YJCEA 1999, the complainant had previously had a sexual relationship. Speaking up for Justice noted 'The Western Australia Experience' where legislation had already given the court the power to appoint a communicator for a child to explain questions to the child and admit evidence given by the child although the role was still 'unexplored' at the time Home Office, 1998: 58. In the report, Roger Smith is a former youth justice practitioner who has researched and published extensively in this area. He is currently Professor of Social Work at the University of Durham. Patricia Gray is a Reader in Criminology and Criminal Law at the School of Law, Criminology and Government at the University of Plymouth. While English law refers to 'sexual conduct'. 41- Juvenile justice and criminal evidence. Here the term 'sexual history' is used as the commonly used term. A witness is competent if he or she can lawfully be called to testify. The principle is laid down in 1 of the Juvenile Justice and Criminal Evidence Code: “At any stage of the criminal proceedings, all persons, regardless of age, are competent to give evidence.” There are two exceptions: The YJCEA is a complex law that has the potential to have a significant impact on the way criminal proceedings are handled in Britain, and as noted by Di Birch 2000 'this is a law that leaves us no freedom whatsoever' . doubt where the authors' sympathies lie'. The Youth Justice and Criminal Evidence, YJCEA, wants to help. Kevin Haines is Professor of Criminology and Public Safety at the University of Trinidad and Tobago. His research interests include the promotion of children's rights in the juvenile justice system. Stephen Case is professor of criminology at Loughborough University. This course will help you understand these differences and explore their implications for practice. You will also explore current issues surrounding young people and crime, such as how rates of victimization and crime vary, with a particular focus on how age, gender, race and social class shape young people's experience of crime.





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