you are here: > Judicial Code > Article 42 
 
II. Judicial Standards and Principles
 
  2.6 General Principles of Evidence  
  Article 42-Witness evidence  
42.1 Witness evidence  
  Testimonial ("witness") evidence is any sworn testimony by a witness having been given either in an open court, video recording or written statement.  
42.2 Integrity of existence of witness (testimonial) evidence  
  The essential rules of integrity of any witness ("testimonial") evidence in a Civil and/or Criminal matter are:  
  (i) That the date of obtaining and recording the testimony does not exceed the statutory limit of charges and/or suits been brought for such a civil or criminal offence;  
  (ii) That the testimony was obtained legally;  
  (iii) That the witness has not been threatened, coerced, or coached in any way during their statement;  
  (iv) That no financial benefit or reward has been offered to a witness for their testimony;  
  (v) That independent counsel, judicial representative or observer was present, other than investigators during the recording of the statement, excluding 1st interviews after arrest;  
  (vi) That the witness is considered competent of mind and capable of distinguishing facts from fictional people and events.  
  (vii) That the evidence is not opinion, presumptions or hearsay;  
42.3 Confidential "client privilege" testimony  
  By this Code, all indictments involving a Level 5 or Level 6 crime and which involves violence against persons under 14 years as well as sexual offences and morally depraved crimes shall mean the accused temporarily loses all their "client privilege" rights in regards to professional-client physical evidence.  
  Therefore, where an accused has a previous or existing relationship including (but not limited to) psychotherapist-patient,counsel-client,doctor-patient,counselor-patient,clergy-penitent,social worker-client, the professional shall be required by law to give evidence as a witness to any conversations that occured between the accused, unless the counsel is currently representing the accused in the matter at the moment.  
  Refusal to provide such witness testimony shall immediately place the professional in contempt at the specific level of the seriousness of the suit.  
     
     
 
 

Copyright © 2009 United-Britain.Org. All rights reserved.