Evidence Act 2006

Admissibility rules, privilege, and confidentiality - Identification evidence

46: Admissibility of voice identification evidence

You could also call this:

"Can a person's voice be used as evidence in court?"

Illustration for Evidence Act 2006

When you are in a criminal court case, the prosecution might try to use voice identification evidence. This means they think they can identify someone's voice. The prosecution must prove that the way they identified the voice is reliable. They must show this is probably true, or the evidence is not allowed in court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393640.


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"Can police photos or videos of you be used in court as evidence?"


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46A: Caution regarding reliance on identification evidence, or

"Be careful when using evidence that identifies someone"

Part 2Admissibility rules, privilege, and confidentiality
Identification evidence

46Admissibility of voice identification evidence

  1. Voice identification evidence offered by the prosecution in a criminal proceeding is inadmissible unless the prosecution proves on the balance of probabilities that the circumstances in which the identification was made have produced a reliable identification.