Criminal Evidence Bill 2018

Closed 1 Jun 2018

Opened 3 May 2018

Feedback Updated 13 Jul 2018

We Asked

The Attorney General’s Chambers sought your views on proposed new legislation which aims to improve and clarify the position in relation to certain evidence in criminal cases, particularly in relation to hearsay evidence.

You Said

We received one response from the judiciary on technical issues relating to the power to make Rules and the use of “live link” video recording.

We Did

We considered the response and the draft Bill was amended accordingly. The Bill was introduced into the Legislative Council on 26 June 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 We Are Consulting

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

Areas

  • All Areas

Audiences

  • Elected members - MHKs
  • Elected members - local government
  • Tenants
  • Landlords
  • Employees
  • Older people
  • Homeowners
  • Self-employed
  • Students
  • Retired
  • Children & young people
  • Volunteers
  • Unemployed
  • Parents, carers and & guardians
  • People with disabilities or long term illness
  • Leaseholders/ landowners
  • Lesbian, gay, transgender & bisexual
  • Civil and public servants
  • Black & minority ethnic
  • Business owner
  • Road users
  • Visitors & tourists
  • Other non-resident - business interests

Interests

  • Police
  • Prison
  • Criminal Justice