GLOSSARY
Admissibility definition
What does Admissibility mean?
The question of whether (and to what extent) evidence suggesting or proving a fact in issue can be entered into the record and heard by the deciders of fact.
Theoretically, admissibility is decided by a Judge before trial, or away from the jury, according to whether the evidence is more probative than prejudicial to the defendant. In practice, the question is governed by a series of special regimes that guide the exercise of judicial discretion. The major power is under the Police and Criminal Evidence Act 1984, s 78, which allows the Judge to exclude evidence on which the prosecution proposes to rely to be given if it appears to the court that, having regard to all the circumstances, including the circumstances in which the evidence was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it. Other evidential regimes, such as previous sexual history, or bad character, have specific tests and gateways of admissibility for the court to consider.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.
For our full legal glossary and more legal research sources, register for a free Lexis+ trial