Author: Declan McGrath

Author: Emily Egan McGrath

Publisher: Round Hall

Publication Date: 22/12/2020

ISBN: 9780414081772

Jurisdiction: Ireland

McGrath on Evidence, by Declan McGrath and Emily Egan McGrath, is the third edition of the definitive book 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 and, in particular, the right of an accused not to testify, the right to silence of a criminal suspect, and the privilege against self-incrimination.

Comprehensive discussion of:

* The rules regarding the exclusion of unconstitutionally obtained evidence, illegally obtained evidence, unfairly obtained evidence and evidence obtained in breach of the European Convention of Human Rights.

* The rules governing the admission of confession evidence and the use that may be made of it at trial.

* The parameters and application of the hearsay rule and the various common law and statutory exceptions.

* The exclusionary rule in respect of opinion evidence together with the rules regarding the admission of expert evidence.

* The rules and principles governing the admission of evidence of good and bad character, misconduct evidence and cross-examination under s.1 of the Criminal Justice (Evidence) Act 1924.

* The rules governing the allocation and discharge of the legal and evidential burdens in criminal and civil cases and the related topic of presumptions.

* The rules governing the admission and use of documentary, real and electronic evidence.

* The rules governing the making of formal admissions and the taking by the courts of judicial notice of facts.

The third edition has been comprehensively updated in light of judicial and legislative developments. McGrath on Evidence provides indispensable expertise for barristers and solicitors as well as academics and the judiciary.

About the Authors

Declan McGrath is Senior Counsel who is also a co-author of Delany and McGrath on Civil Procedure.

Emily Egan McGrath is a practising barrister who is also a co-author of Delany and McGrath on Civil Procedure.