The Law Commission has released an issues paper which outlines possible ways in which the Evidence Act 2006 could be improved.
The paper, Second Review of the Evidence Act 2006, takes the preliminary view that the Act is still working well, with some issues that warrant consideration and possible amendment.
The Commission has called for public submissions and these may be made until Friday, 15 June 2018.
"This is the Commission’s second review of the Act. We have two years in which to complete the review and this allows us to publish this Issues Paper and consult widely on how the rules in the Evidence Act are operating in practice," Law Commission President Sir Douglas White says.
The paper looks at the rules governing conviction evidence, the right to silence, unreliable statements and improperly obtained evidence, identification evidence, the conduct of experts, privilege, veracity, co-defendants’ statements and several provisions governing the giving of evidence in sexual and family violence cases.
In addition, the Commission says it is considering whether the Evidence Regulations 2007 are comprehensible and fit for purpose.