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7. General principles of evidence
 
  Article 41-Physical Evidence  
41.1 Physical Evidence  
  Physical evidence is any physical object which may be considered relevant to proceedings in that it provides physical support or rebuttal to a statement of fact.  
41.2 Integrity of existence of physical evidence  
  The essential rules of integrity of any physical evidence in a Civil and/or Criminal matter are:  
  (i) That the date of obtaining and recording the evidence, or the act/event in question does not exceed the statutory limit of charges and/or cases been brought for such a civil or criminal offence;  
  (ii) That the evidence has not been fraudulently manufactured, positioned, manipulated or altered in anyway;  
  (iii) That the collection and/or submission of evidence has been properly recorded in a record of evidence and witnessed by a clerk of a court independently of formal investigators;  
  (iv) That the evidence has been collected using proper forensic methods and has been properly sealed and stored securely;  
  (v) That all reasonable efforts have been made to ensure the evidence has not been accessed or handled other than through the formal proceedings to which it relates;  
  (vi) That's it authenticity may be examined by a formal expert called by either the prosecutor or defense of a formal proceedings;  
  (vii) That it may be represented to formal proceedings on request.  
41.3 Physical evidence from previous criminal convictions of the accused where they have an active criminal record  
 

Where the accused in a case has an active criminal record, physical evidence from previous criminal convictions, including the details and circumstances of the previous convictions(s) are automatically admissible.

  
41.4 Physical evidence from previous disputes between two parties in a civil matter  
  Where the same two parties have prevously been engaged in a Civil case (trial or hearing), the physical evidence from the previous dispute is automatically admissible.  
41.5 Confidential "client privilege" evidence  
  By this Code, all indictments involving a Level 5 or Level 6 crime and which involves violence against persons under 14 years as well as sexual offences and morally depraved crimes shall mean the accused temporarily loses all their "client privilege" rights in regards to professional-client physical evidence.  
  Upon request for such physical evidence as medical records, interviews, diary notes and other evidence involving the accused and a professional whether it be psychotherapist-patient,attorney-client,doctor-patient,counselor-patient,clergy-penitent,social worker-client, the professional and their office shall be required by law to immediately offer up all such evidence.  
  Refusal to provide such evidence shall immediately place the professional in contempt at the specific level of the seriousness of the case with the court then automatically authorized to seize such material legally by warrant.  
     
     
 
 

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