Disciplinary proceedings against a professional person, although not classified as criminal, may still bring into play some of the requirements of a fair trial spelt out in Article 6(2) and (3) of the ECHR, including in particular the right to cross-examine witnesses whose evidence is relied on against them. Unlike criminal proceedings, family proceedings are civil in nature and as a result, every party can be forced to participate. Admissibility is always decided by the judge and all relevant evidence is potentially admissible, subject to common law and statutory rules on exclusion. CJA 2003, expressly provides that statements contained in a document are only admissible if oral evidence about the matter would be admissible in the proceedings. If evidence was gathered in violation of your rights, the right defense attorney can fight to have that evidence kept out of your case. In any court case, the parties must produce evidence in support of their case – whether that is the claimaint/prosecution or the defence. In Kottam v. Whilst witness evidence is critical in court proceedings, not all evidence produced is in fact admissible. for the admissibility of evidence in national criminal proceedings. Evidence - Evidence - Relevance and admissibility: In civil proceedings in the common-law countries, evidence is both ascertained and simultaneously restricted by the assertions of the parties. 40, 41 & 42 of Evidence Act, the doctrine under Section 43 applies to exclude judges’ opinion in the criminal proceedings, in the civil suit. If it is, it is admissible and the court is not concerned with how the evidence was obtained…There can be no difference in principle for this purpose between a civil and a criminal case. 19 The Ontario Evidence Act (EA) is the applicable evidentiary statute in civil proceedings instituted in Ontario. Rule 609(c) as submitted by the Court provided in part that evidence of a witness’ prior conviction is not admissible to attack his credibility if the conviction was the subject of a pardon, annulment, or other equivalent procedure, based on a showing of rehabilitation, and the witness has not been convicted of a subsequent crime. The purpose of the law of evidence is to ensure so far as practicable that courts act only on evidence that is relevant, In contrast to the universal admissibility of DNA evidence, most courts refuse to admit the results of _____ tests in either civil or criminal proceedings. The Experience Necessary for a Proper Defense.

Therefore if the evidence is inadmissible by other rules of evidence the evidence cannot be admitted under CJA 2003, s 117. Inter admissibility of evidence between civil and criminal cases.

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