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Explanatory Memorandum to Criminal Justice (Evidence) (Northern Ireland) Order 2004

Assumption of truth in assessment of relevance or probative value

28.Article 14 requires a court, when considering the relevance or probative value of bad character evidence to assume the evidence is true. This reflects the difference between the roles of the judge and jury: it is for the jury to form a view on matters of fact, such as the reliability of the evidence, and for the judge to rule on issues of law.

29.In exceptional cases where the evidence is so unreliable that no reasonable jury could believe it was true, the judge does not have to assume the evidence is true.

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