The best evidence rule does not generally exclude the admission of evidence of lesser quality. If such a rule exists, it applies only to documents in the possession of the party
Ackner LJ said: ‘The old rule, that a party must produce the best evidence that the nature of the case will allow, and that any less good evidence is to be excluded, has gone by the board long ago. The only remaining instance of it is that, if an original document is available in one’s hands, one must produce it; that one cannot give secondary evidence by producing a copy.’
Lord Ackner
(1982) 75 Cr App R 149
England and Wales
Cited by:
Cited – Regina v W (Reference Under Section 36 of the Criminal Justice Act 1972) CACD 8-May-2003
The allegation was of a serious assault on the defendant’s wife. The prosecution considered she would not be a reliable witness, and did not call her. Other evidence being inadmissible, the defendant was acquitted. The AG appealed.
Held: There . .
Cited – Regina v Governor of Pentonville Prison, Ex Parte Osman QBD 30-Mar-1988
The applicant had been committed to prison pending extradition proceedings brought by Hong Kong alleging substantial fraud. He challenged the committal on the grounds that since the allegations involved transmission of funds over international . .
Lists of cited by and citing cases may be incomplete.
Criminal Evidence
Updated: 20 January 2022; Ref: scu.181982