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Witness Evidence in Pre-Trial and Trial Procedure

Jackson, John; Weigend, Thomas

Witness Evidence in Pre-Trial and Trial Procedure Thumbnail


John Jackson

Thomas Weigend


Kai Ambos

Antony Duff

Alexander Heinze

Julian Roberts

Thomas Weigend


Both in English and German criminal procedure, fewer cases than in the past are decided on the basis of live witness testimony at the trial, and the ‘orality’ principle has been eroded in both jurisdictions. An increased reliance on witness statements made in pre-trial procedures has however come into conflict with the jurisprudence of the European Court of Human Rights (ECtHR). As a consequence, greater attention is focused on the need to regulate the way testimony is obtained in pre-trial procedure. It is argued that the shift of emphasis towards pre-trial procedure has to be accompanied by a more robust ‘search for the truth’ in harmony with recent human rights law. If pre-trial procedures are embedded with human rights guarantees, cases can be properly disposed of on the evidence collected in the pretrial phase.

Acceptance Date Jan 29, 2021
Online Publication Date Feb 1, 2022
Publication Date Feb 1, 2022
Deposit Date Jun 30, 2022
Publicly Available Date Aug 2, 2022
Publisher Cambridge University Press
Pages 260-299
Book Title Core Concepts in Criminal Law and Criminal Justice. Volume 2
Chapter Number 8
ISBN 9781316510544
Public URL
Publisher URL


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