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Evidence Act 2006

Admissibility rules, privilege, and confidentiality - Defendants’ statements, improperly obtained evidence, silence of parties in proceedings, and admissions in civil proceedings

31: Prosecution may not rely on certain evidence offered by other parties

You could also call this:

"The prosecution can't use some evidence given by others in court."

Illustration for Evidence Act 2006

If you are in a criminal court case, the prosecution team has rules to follow. They cannot use certain evidence if it was given by someone else, even if that someone else is allowed to give it. This rule applies if the evidence would normally be excluded under section 28, 29, or 30 if the prosecution team tried to give it themselves.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393613.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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30: Improperly obtained evidence, or

"When evidence is collected unfairly or illegally, the court decides whether to use it in a trial."

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32: Fact-finder not to be invited to infer guilt from defendant’s silence before trial, or

"You can't be thought guilty just because you stayed silent before a trial."

Part 2Admissibility rules, privilege, and confidentiality
Defendants’ statements, improperly obtained evidence, silence of parties in proceedings, and admissions in civil proceedings

31Prosecution may not rely on certain evidence offered by other parties

  1. Evidence that is liable to be excluded if offered by the prosecution in a criminal proceeding because of section 28 or 29 or 30 may not be relied on by the prosecution if that evidence is offered by any other party.