Criminal Evidence Bill 2018

Overview

This consultation aims to collect views on proposed new legislation which aims to improve and clarify the position in relation to certain evidence in criminal cases.

In the fight against drugs crime and, equally, in relation to other crimes, perpetrators are increasingly making use of electronic communications and technology and often the interception of communications, such as phone messages, has been and will continue to be  of assistance in achieving successful outcomes.
 

Why your views matter

An issue has arisen in relation to a recent case which this Bill aims to address.

A criminal case concerning drug related offences was recently heard in the Manx courts. During the course of that case the Prosecution sought to adduce a text message that had been forensically downloaded and which was purportedly from 'a client'. The message included a request for the supply of drugs. The court held that the text message was an implied assertion that the defendant was a drug dealer and was, therefore, inadmissible hearsay evidence.

The future inadmissibility of phone messages  could cause serious evidential difficulties in the prosecution of drug offences and many other types of criminal offences