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.
*Please note that this page or any other pages on our
website (including any other social media platforms for Nicopoulos Sabbagh
Lawyers) are not to be considered as a substitute for legal advice or even
other professional advice. It should also be noted that accessing of this
information from this website does not
create a client-lawyer relationship.