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Admissibility of certain evidence

  • 13-09-2012 5:32pm
    #1
    Registered Users, Registered Users 2 Posts: 20


    (question below is hypothetical and purely out of professional curiosity)

    if, during a criminal investigation, evidence has been found on a mobile phone (e.g. text message) lawfully seized from a suspect, from which the prosecution intent to adduce evidence from, what classification would this evidence come under?

    e.g. - a text message in a 'drafts', or 'outbox' folder, which contained a reference to the sale of stolen property, which is the subject of the investigation. The suspect has not commented when questioned by police on them, and inferences under CJA 2007 (if applicable) are not invoked. For example, the stolen property is found in his dwelling, but he/she denies knowledge of same.

    I am simply curious as to its admissibility & categorisation. when data from the phone is extracted into printed format, is this now documentary evidence? could messages in the inbox be deemed as hearsay in circumstances?


Comments

  • Banned (with Prison Access) Posts: 3,455 ✭✭✭krd


    ..........:(......Bring a toothbrush and pyjamas to court.


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