Evidence ' The Basis Of Admissibility

• Published date: 22 July 2021
• Subject Matter: Food, Drugs, Healthcare, Life Sciences
• Law Firm: RadcliffesLeBrasseur
• Author: Mr Stewart Duffy

This is the latest in a series of briefings on the Fitness to Practise investigations process.

The rules of evidence have become gradually more relaxed over the decades. Complex rules such as the hearsay rule and its even more complicated exceptions are no longer directly applicable in the context of Fitness to Practise hearings. The general principle which applies is that evidence is admissible if it is relevant to a disputed issue and that any concerns with respect to the reliability of the evidence are dealt with by the Panel determining what weight to attach to the evidence. Evidence which would have been excluded in the past under the stricter regime can be admitted but may well have little or no weight attached to it by the FTP panel.

However, it is important to bear in mind that the prosecutor is still expected to present the best evidence. They should not choose to rely on the hearsay evidence of an important witness if that witness could be available to attend and have their evidence tested by...