Document ID: chunk:federal_register_of_legislation:F2023C00098:body:0:p7
Version: federal_register_of_legislation:F2023C00098
Segment Type: other
Provision Reference: 
Character Range: 17973–20794

if the summary authority considers it is in the interests of justice to do so.
    (3)  The summary authority must obtain legal advice under subrule (2) in the presence or within the hearing of the accused, their defending officer and the prosecuting officer.

Part 4  Evidence in summary authority proceedings

Rule 14  Admission of evidence in summary proceedings

    (1) The summary authority must only admit evidence in a proceeding that is of assistance and relevant.

    (2) Any element of a charge that is not admitted by the accused is an issue for determination by the summary authority.

    (3) A fact is relevant to an issue if the fact, alone or in combination with other facts, makes proof of an issue more or less probable.

    (4) A fact is relevant to the credibility of a witness if the fact, alone or in combination with other facts, makes the evidence of the witness more or less credible.

    (5) Evidence that is not relevant to an issue or credibility, or is otherwise excluded by the Act or these Rules, is not admissible in summary authority proceedings.

Rule 15  Weighing of evidence in summary proceedings

Once a summary authority admits evidence, it must be entered onto the record, and the summary authority must then give appropriate weight to the evidence having regard to:

       (a)  The probative value of the evidence,

    (b)  The reliability of the evidence,

       (c) The credibility of the evidence, and

       (d) Where evidence is contradicted by other evidence, the relative weight having regard to all of the evidence on that issue.

         Rule 16  Exclusion of evidence that is unfair, misleading or time wasting

    (1) A summary authority must exclude evidence presented during a summary proceeding if its probative value is substantially outweighed by the danger that the evidence might be unfairly prejudicial to the accused.

    (2) Any statement made by an accused person which was not voluntarily given, including when the accused person was ordered to answer a question by a superior or investigating officer, is unfairly prejudicial to an accused person and is to be excluded from admission into evidence.

    (3) A summary authority may exclude evidence presented during a summary proceeding if its probative value is substantially outweighed by the danger that the evidence might:

       (a) be misleading or confusing; or

       (b) cause or result in undue waste of time.

Rule 17  Admissions

A party to summary authority proceedings may admit a matter of fact or a conclusion of fact even if the matter is not within the party's personal knowledge.

Rule 18  Character evidence

    (1) Evidence of the good character of the accused person is admissible in summary authority proceedings as it may relate to credibility.

    (2) Evidence