The Criminal Evidence (Northern Ireland) Act 1939 provides that every person charged with an offence shall be a competent witness for the defence at every stage of the proceedings, whether charged solely or jointly with any person. A person charged will not be called as a witness except on their own application. A person charged, […]
Where a person is arrested for an offence, and there is on them or on their clothing, footwear, or otherwise in their possession, or in any place in which they are at the time of their arrest, any object, substance, or mark, or there is any mark on any object, and that or another constable […]
The Criminal Justice (Evidence) (Northern Ireland) Order 2004 amends the law on the admissibility of evidence of bad character, hearsay evidence, evidence by way of video recording in criminal proceedings, and the use of documents to refresh memory. Evidence of bad character is evidence of, or a disposition to misconduct. It does not include evidence […]
The Criminal Justice (Evidence) (Northern Ireland) Order 2004 revises the hearsay evidence rules in criminal proceedings. In criminal proceedings, a statement not made in oral evidence at the proceedings is admissible as evidence in certain circumstances. They are as follows: It is admissible by rules of law preserved by the legislation. It is specifically admissible […]
Rules in relation to a person’s reputation and character, as to character, are admissible for the purpose of proving his good or bad character. This is preserved only insofar as it allows the court to treat such evidence as proving the matter concerned. Rules of law allowing evidence of reputation or family tradition are admissible […]
The right to remain silent and not to incriminate oneself is an inherent part of the concept of a fair trial as recognized under the European Convention on Human Rights. The common-law position was that the exercise of the right to silence would not constitute obstruction or decrease in the exclusion of duties. The prosecution […]