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KSTGeneral information, not legal advice
Synthetic · simulationNot a real case

In summary trial procedure, which three Criminal Procedure Act provisions does the provision on evidence exclude, and what does it leave unsaid about the evidence itself?

General information · Not legal advice

Material to check

In a practice file of this kind we read the papers showing that the case is being handled as summary trial procedure rather than an ordinary criminal trial, and the Criminal Procedure Act text of the three provisions the summary trial procedure provision names, so that the scope of what is set aside can be seen from the wording of each.

These are types of material to look for, not evidence already verified by PRO SE.

Where readings differ

One reading follows the provision literally: within summary trial procedure the three Criminal Procedure Act provisions it names are not applied, so each of them, and only each of them, is set aside in these cases by force of this provision.

Another reading stresses what the provision does not say: it withholds only those three provisions and does not state what the three cover, what effect their exclusion has on a particular piece of evidence, or what rules, if any, apply in their place.

Your judgment

Where a party would have relied on one of the three named provisions, what test does the court apply to that evidence once the provision is set aside?

PRO SE does not make this decision or keep a case record on this public site.

When to reconsider

We look at this again if the provision is amended to add, remove or substitute one of the three named Criminal Procedure Act provisions, or if a court decision explains what governs evidence that would have been reached by one of them.

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