The revival of evidential relevance: Overcoming myths and misconceptions

Hernandez, Polly (2024) The revival of evidential relevance: Overcoming myths and misconceptions. Criminal Law Review, 7. pp. 458-470. ISSN 0011-135X

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Abstract

This article explores the definition and operation of "relevance", as a foundational concept within the law of criminal evidence. The review is particularly timely given the Law Commission’s latest consultation paper (No.259) which centres an "enhanced relevance" test in its proposal on sexual behaviour evidence. Given the centrality of relevance to criminal evidence and to the Law Commission proposals, it is increasingly important to know what we mean by, and how we apply, relevance currently. This article draws upon interviews with 20 criminal barristers with experience practising in Crown Courts across England and Wales. Interviews showed the existence of a relevance "myth": that evidential relevance is relatively well-settled and straightforward, posing few problems in practice. The interview data give cause to challenge this perceived simplicity, demonstrating inconsistencies in the understanding and application of relevance tests, and raising concerns about its future operation. These findings are, therefore, of importance to the Law Commission which is seeking to employ, and build upon, what is erroneously perceived as a settled concept.

Item Type:	Article
Keywords:	Criminal evidence, Law Commission, Relevance, Sexual behaviour
Divisions:	Social and Life Sciences
Depositing User:	Hayley Dennis
Date Deposited:	30 Sep 2024 13:39
Last Modified:	30 Sep 2024 13:39
URI:	https://wrexham.repository.guildhe.ac.uk/id/eprint/18215

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