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McGrath on Evidence, 3rd Edition by Declan McGrath and Emily Egan McGrath

McGrath on Evidence

The definitive text on evidence and a must-have for the serious practitioner

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

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.

Comprehensive discussion of the rules in respect of:

  • Unconstitutionally, illegally, and unfairly obtained evidence, and evidence obtained in breach of the ECHR.
  • Confession evidence.
  • The hearsay rule and its various common law and statutory exceptions.
  • The exclusionary rule in respect of opinion evidence together with the rules regarding the admission of expert evidence.
  • Evidence of good and bad character, misconduct evidence and cross-examination under s.1 of the Criminal Justice (Evidence) Act 1924.
  • The allocation and discharge of the legal and evidential burdens in criminal and civil cases and the related topic of presumptions.
  • Documentary, real and electronic evidence.
  • The making of formal admissions and the taking by the courts of judicial notice of facts.

About the Author

Declan McGrath and Emily Egan McGrath are Senior Counsel who are also co-authors of Delany and McGrath on Civil Procedure, published by Round Hall.

Table of Contents

  • 1. Relevance and Admissibility
  • 2. The Burden of Proof
  • 3. Oral Evidence
  • 4. Unreliable Evidence
  • 5. The Rule against Hearsay
  • 6. Opinion Evidence
  • 7. Improperly Obtained Evidence
  • 8. Confessions
  • 9. Character Evidence
  • 10. Privilege
  • 11. Self-Incrimination
  • 12. Documentary and Real Evidence
  • 13. Facts Not Requiring Proof


Order your copy today

To order this book, please email your Round Hall Account Manager Kathryn Mills or call us on 0044 345 600 9355.

If you're interested in firmwide or multiple user access to this book on ProView then please contact Kathryn Mills directly to discuss what options are available.