ABSTRACT
This chapter examines on studying the law of evidence who have acquired some knowledge, but still feel that they need more confidence in handling it correctly in assessments. From the standpoint of the examination candidate, opinion evidence is a tricky subject to prepare. The opinion evidence considers the hearsay provisions in the Criminal Justice Act (CJA) 2003. An opinion can be given by a non-expert if it is simply a short way of describing facts: see s 3(2) of the Civil Evidence Act (CEA) 1972. The defence provided by s 2 of the Homicide Act 1957 involves more than a simple medical issue concerning the accused's state of mind. There is also the question of substantial impairment of responsibility and this is essentially for the jury to decide. Students should be familiar with the opinion used as a way of conveying the sense of facts perceived, and when expert psychiatric testimony is needed.
