Farkin pissed off, got done for speeding down a road I didn't even go down 2nite.

[scumdog]

Anything that you say that is exculpatory (i.e. proves your innocence or contradicts the Police case) is not admissible as it would be considered heresay
P.

Ehhh??

[paddy]

Ehhh??

If I am charged with something and I go and chat to the Police about it I may say some things that contribute to the Police case and some that have the opposite affect.

Then we go to court. The officer I chatted too is called to the stand. The prosecution questions the officer asking questions designed to cause the witness to disclose all of the statements I made to the officer that assist the Police case.

Next it is the defence counsel's turn to cross-examine. The defence counsel might ask questions designed to cause the witness to disclose statements that I made to him that are detrimental to the Police case. This is called exculpatory evidence; however, any competent prosecution counsel will object at this point as this evidence would be considered heresay and is therefore inadmissible under the rules of evidence.

[paddy]

Ehhh??

To clarify further as the the quote you included excludes the context of my statement - I was explicitly referring to anything that you say to the Police - NOT anything that you say in court should you choose to take the witness stand.

[Winston001]

To clarify further as the the quote you included excludes the context of my statement - I was explicitly referring to anything that you say to the Police - NOT anything that you say in court should you choose to take the witness stand.

Which is really the point you are making - the defendant needs to give evidence in Court if they have an explanation.

[paddy]

Which is really the point you are making - the defendant needs to give evidence in Court if they have an explanation.

The point I was really trying to get across was DON'T TALK TO THE POLICE even if it seems that what you are saying is innocuous. Having said that - DON'T RIDE LIKE AN IDIOT is probably much better advice. An ounce of prevention... :-)

[scumdog]

If I am charged with something and I go and chat to the Police about it I may say some things that contribute to the Police case and some that have the opposite affect.

Then we go to court. The officer I chatted too is called to the stand. The prosecution questions the officer asking questions designed to cause the witness to disclose all of the statements I made to the officer that assist the Police case.

Next it is the defence counsel's turn to cross-examine. The defence counsel might ask questions designed to cause the witness to disclose statements that I made to him that are detrimental to the Police case. This is called exculpatory evidence; however, any competent prosecution counsel will object at this point as this evidence would be considered heresay and is therefore inadmissible under the rules of evidence.

Would you (the defendant) not be there too?

All briefed with your defence and able to directly answer any questions, put forwards 'your side' of things?

After all, it's hardly hearsay when you can tell it to the judge first-hand.