ABSTRACT

All material that is produced at court is subject to regulation by the laws of evidence. The law of evidence is said to be an 'adjectival' rather than a 'substantive' form of law. The law of evidence concerns the use of material to prove the existence or non-existence of any elements of the substantive law. No matter how well versed a lawyer may be in substantive law, they will be unable to provide advice to a client, or to prosecute a case, without a firm grasp of the law of evidence. Without evidence that one or the other, or both, committed the act that killed the deceased, neither can be charged with murder or manslaughter. The Youth Justice and Criminal Evidence Act 1999 changed the law to prevent cross-examination by the defendant in person of children or victims of sexual offences, and judges have discretion to prevent such cross-examination in other appropriate cases.