( b) A is accused of waging war against the Government by taking part in an armed insurrection in which property is destroyed, troops are attacked and gaols are broken open. Whatever was said or done by A or B or the bystanders at the beating or so shortly before or after it as to form part of the transaction is a relevant fact. ( a) A is accused of the murder of B by beating B. The Chief Public Defender, a Deputy Chief Public Defender, an Assistant Chief Public Defender or a public defender appointed under section 3 of the Public Defenders Act 2022, when he or she acts as an advocate or a solicitor. (6) For the purposes of sections 23, 128, 130 and 131, a reference to “advocate or solicitor” in those sections includes a reference to the following: ( a)Īny public officer in the Attorney-General’s Chambers when he or she acts as an advocate or a solicitor (5) A fact is said to be “not proved” when it is neither proved nor disproved. (4) A fact is said to be “disproved” when, after considering the matters before it, the court either believes that it does not exist or considers its non-existence so probable that a prudent person ought, under the circumstances of the particular case, to act upon the supposition that it does not exist.
(3) A fact is said to be “proved” when, after considering the matters before it, the court either believes it to exist or considers its existence so probable that a prudent person ought, under the circumstances of the particular case, to act upon the supposition that it exists. (2) One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts. “electronic record” means a record generated, communicated, received or stored by electronic, magnetic, optical or other means in an information system or transmitted from one information system to another Īll statements which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry: such statements are called oral evidence andĪll documents produced for the inspection of the court: such documents are called documentary evidence Īny thing, state of things, or relation of things, capable of being received by the senses andĪny mental condition of which any person is conscious “document” includes, in addition to a document in writing - ( a)Īny label, marking or other writing which identifies or describes anything of which it forms a part, or to which it is attached by any means whatsoever Īny disc, tape, soundtrack or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom Īny film (including microfilm), negative, tape, disc or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom andĪny paper or other material on which there are marks, impressions, figures, letters, symbols or perforations having a meaning for persons qualified to interpret them “court” includes all Judges and Magistrates and, except arbitrators, all persons legally authorised to take evidence In the case of a document not falling within paragraph ( e) of that definition of which a visual image is embodied in a document falling within that paragraph, a reproduction of that image, whether enlarged or not,Īnd any reference to a copy of the material part of a document must be construed accordingly In the case of a document falling within paragraphs ( d) and ( e) of that definition, such a transcript together with such a still reproduction and In the case of a document falling within paragraph ( e) but not paragraph ( d) of that definition, a reproduction or still reproduction of the image or images embodied in it, whether enlarged or not In the case of a document falling within paragraph ( d) but not paragraph ( e) of the definition of “document”, a transcript of the sounds or other data embodied in it (1) In Parts 1, 2 and 3, unless the context otherwise requires - “child abuse offence” means any offence specified in Part 1 of the First Schedule, and includes attempting to commit, abetting the commission of, or being a party to a criminal conspiracy to commit, such an offence
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