cods wrote on Mar 2
nd, 2013 at 8:49am:
progressiveslol wrote on Mar 2
nd, 2013 at 8:41am:
If I were the police, I would be worried the evidence the FWA gathers is going to be locked away from their view, as that is FWA policy.
what are you saying prog.. the police have no access to what FWA have??? when someone is charged their defense team has access to just about everything... dont they?
FWA are nothing to do with the LAW at least thats what I have thought.
Division 4—General provisions relating to civil remedies
554 Criminal proceedings after civil proceedings
Criminal proceedings may be commenced against a person for conduct that is substantially the same as conduct constituting a contravention of a civil remedy provision regardless of whether an order has been made against the person under Division 2.
555 Evidence given in proceedings for pecuniary penalty not admissible in criminal proceedings
(1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:
(a) the individual previously gave the information or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil remedy provision (whether or not the order was made); and
(b) the conduct alleged to constitute the offence is substantially the same as the conduct in relation to which the order was sought.
(2) However, this does not apply to criminal proceedings in relation to the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.
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This worries me because it is either the evidence given in civil proceedings cannot just be copy pasted for the criminal proceedings, but must be the direct evidence for the criminal court to digest.
or the evidence used in civil court cannot be used in criminal court because it becomes inadmisable. Can the evidence even be shared or is the evidence in lock down?
We will have to see the interpretation after the fact, or stop the civil case until the criminal case hase ceased.