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Judge Malcolm Simmons stated that all relevant evidence is potentially admissible, subject to common law and statutory rules on exclusion. Relevant evidence is evidence of facts in issue and evidence of sufficient relevance to prove or disprove a fact in issue.<br>Read more to take further details!
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Judge Malcolm Simmons
Judge Malcolm Simmons Explains the Exclusion of Evidence Obtained Unfairly, Mumbai, April 2018
What delegates have said about Judge Malcolm Simmons “A thought-provoking presentation by a very good speaker” District Court Judge
Judge Malcolm Simmons stated that all relevant evidence is potentially admissible, subject to common law and statutory rules on exclusion. Relevant evidence is evidence of facts in issue and evidence of sufficient relevance to prove or disprove a fact in issue. Judge Malcolm Simmons explained that even where evidence is admissible, it may be excluded in certain circumstances under the court’s common law frequently under section 78 of the Police and Criminal Evidence Act 1984. powers and more
Under Section 78 the Court will have regard to all the including circumstances evidence was obtained improperly or unfairly, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that it ought not to be admitted. Judge Malcolm Simmons explained that this only applies to prosecution evidence. circumstances, where illegally, the
Judge application to exclude evidence may be based on a submission that the evidence has been obtained in circumstances where there has been substantial breach of the PACE codes of practice. Even where there are such breaches, exclusion will only be ordered where the breach affects the fairness of the proceedings. Simmons explained that an a significant and
The discretion to exclude must be based on the particular circumstances of the case and the judge’s assessment of the adverse effect on the fairness of the proceedings. Judge Malcolm Simmons explained that any application to exclude evidence under 78 will be considered by the judge, in the a bsence of the jury.
Judge Malcolm Simmons has been a judicial trainer for more than 15 years and has lectured around the world. If you want to take more knowledge regarding Judge Malcolm Simmons, then Read more here at: https://www.edward-montague.com