All Outputs (5)

Excluding sexual behaviour evidence: back to first principles (2024)
Journal Article
Thomason, M. (2024). Excluding sexual behaviour evidence: back to first principles. Criminal Law Review, 692-719

Relevant sexual behaviour (SB) evidence should be admissible unless there are good reasons to exclude it. Starting from first principles, this article provides an in-depth analysis of reasons which might justify a rule of exclusion for relevant SB ev... Read More about Excluding sexual behaviour evidence: back to first principles.

Bargaining the rules of evidence (2024)
Book Chapter
Thomason, M. (2024). Bargaining the rules of evidence. In M. Langer, M. McConville, & L. Marsh (Eds.), Research Handbook on Plea Bargaining and Criminal Justice (349-363). Edward Elgar Publishing. https://doi.org/10.4337/9781802206678.00032

Plea bargains depend in large part on the available evidence against the defendant. Strictly speaking, these negotiations should be based only on evidence that is likely to be admissible at trial. Bargains therefore implicitly depend on the structure... Read More about Bargaining the rules of evidence.

The Law Commission’s “Structured Discretion” Rape Shield: A Critique (2023)
Journal Article
THOMASON, M. (2023). The Law Commission’s “Structured Discretion” Rape Shield: A Critique. Archbold Review, 2023(10), 4-10

Taking up a Chapter of its own in the Law Commission’s mammoth Evidence in Sexual Offences Prosecutions Consultation Paper are proposals to reform the admissibility rules for sexual behaviour (née sexual history) evidence (SBE). Though the Law Comm... Read More about The Law Commission’s “Structured Discretion” Rape Shield: A Critique.

Non-defendant bad character and s. 100 of the Criminal Justice Act 2003: A socio-legal analysis of admissibility gateways and trial tactics (2022)
Journal Article
Thomason, M. (2023). Non-defendant bad character and s. 100 of the Criminal Justice Act 2003: A socio-legal analysis of admissibility gateways and trial tactics. International Journal of Evidence and Proof, 27(1), 26-50. https://doi.org/10.1177/13657127221140459

This article presents a socio-legal analysis of the use of non-defendant bad character evidence in Crown Court criminal trials in England. Combining an in-depth doctrinal analysis of s.100 of the Criminal Justice Act 2003 with original qualitative em... Read More about Non-defendant bad character and s. 100 of the Criminal Justice Act 2003: A socio-legal analysis of admissibility gateways and trial tactics.

Admitting evidence by agreement: recalibrating managerialism and adversarialism in Crown Court criminal trials (2021)
Journal Article
THOMASON, M. (2021). Admitting evidence by agreement: recalibrating managerialism and adversarialism in Crown Court criminal trials. Criminal Law Review, 2021(9), 727-752

This paper challenges the orthodox academic view which assumes that the admissibility of evidence in Crown Court criminal trials is primarily regulated by rules of evidence. Instead, it offers an account, based on original empirical data (trial obser... Read More about Admitting evidence by agreement: recalibrating managerialism and adversarialism in Crown Court criminal trials.