Evidence law, in particular the Evidence Act 1995 (NSW) is the legislation which governs the manner in which a ‘fact’ must be proven in legal proceedings whether it be Criminal Proceedings or Civil Litigation proceedings.
A Criminal defence lawyer must be very familiar with evidence law as evidence law is essentially the law which governs what can be admissible (allowed) and inadmissible (not allowed) during a Trial. Evidence law also provides the Court with guidance as to how a witness is to be questioned during cross examination and examination in chief etc.
Are police bound by Evidence Law?
Yes. Evidence Law also encompasses the stringent procedures which police are to adhere to when obtaining evidence (whilst a matter is being investigated) for example, evidence law guides police as to how searches are to be conducted, the manner in which suspects are to be interview as well as the manner in which forensic evidence is stored and analysed etc. (to name a few).
What is a Voir Dire?
In criminal law matters, when parties in the proceedings are not in agreement as to the admissibility of an item of evidence, a Voir Dire will have to take place (which is a preliminary proceeding) so that the Magistrate/ Judge can make a determination as to whether that specific piece of evidence is admissible or whether it is inadmissible. It should be noted that the Court can choose to exclude evidence if that evidence was obtained improperly etc.
Why Choose Nicopoulos Sabbagh Lawyers to represent you?
Nicopoulos Sabbagh Lawyers is the leading Law firm in Criminal Law matters as our office has dealt with the most complex matters and our office appears in all Jurisdictions in Criminal Law. No matter is too complex for the team so be sure to book your first Free Consultation today!
It is very important that you speak with a lawyer so that you can get the appropriate legal advice which you require prior to going to court.
Our team of experienced solicitors are there for you and can help you answer all your questions, so be sure to contact Nicopoulos Sabbagh Lawyers.
*This article correctly reflects the Laws of NSW as at 5th May 2023.
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