The Liver Building

Abuse of Process / Hearsay / Bad Character

Details

Speaker: Colin Beaumont

Date: Wednesday 18th September, 2019

Time: 13:30 - 16:30

Areas of Law: Criminal

Competencies: A1 (a) (b) (c) (d)
A2 (a) (d)
A4 (a)

B2 (a) (c) (d)

B5 (a) (b) (c) (d)

C1 (d) (e)

Venue:
Liverpool Law Society,
2nd Floor Helix,
Edmund Street,
Liverpool,
L3 9NY

Course Code: S4253

Description

This course has been specifically written to appeal to anyone involved at any stage whatsoever in advising clients on the criminal law. You need to be aware of the circumstances in which something may or may not be an abuse of the process of the Court. Many things which appear to be an abuse are in fact matters that can be dealt with during the currency of the trial. The course will also examine the statutory provisions and case-law in relation to both hearsay and bad character. The presenter, Colin Beaumont, has had more than 35 years of practical experience of advising in these particular areas of criminal law

The following items will be covered during the course:

  • Unconscionable delay rendering a fair trial impossible – possible abuse argument
  • Manipulation of the criminal justice process – possible abuse argument
  • Loss of evidence rendering a fair trial impossible – possible abuse argument
  • The leading case-law in the area of abuse of process
  • An examination of the statutory regime under the Criminal Justice Act 2003 concerning hearsay
  • Admission of evidence under the Res Gestae principle (including the 999 call)
  • The admission of hearsay evidence as a means of last resort! rather than a means of first resort! – An examination of the case-law in which the Court lost sight of some basic principles
  • Text messages – do they fall within the hearsay provisions at all?
  • The complainant not appearing on the day of trial and the circumstances in which an application may be made for the statement to be read
  • Hostile witnesses
  • An examination of the statutory regime in relation to bad character
  • The bad character of a non-defendant – the requirement to obtain leave and the test to be met
  • The bad character of a defendant – the circumstances in which non-convictions may be relevant in order to show bad character
  • Bad character – the fight between two co-defendants – some interesting case-law – expect your character to go in if you undermine the defence of your co-defendant
  • An examination of the important Supreme Court, Court of Appeal and High Court decisions concerning character
  • A criminal trial and dealing with evidential issues concerning hearsay and character during the currency of the trial itself

Speaker Biographies

Speaker: Colin Beaumont, Barrister (retired), trainer with more than 20 years experience and former consultant to a large legal aid practice covering the Thames Valley, Surrey and London police areas. Formerly a partner within the firm, Colin initially qualified as a barrister in 1982 and spent many years in the Courts service before re-qualifying as a Solicitor in 1996 and retiring in 2016.

Prices

Member £105
Non-member £150
Corporate Member Training Offer 1 Credit
Training Season Ticket Free
Note: 20% VAT added at checkout