OpenLegislation

Paragraph 18 Quality of evidence and standard of proof

Original text. Later amendments are not shown.

(1)

Subject to paragraph (2), in any proceedings before the Committee—

(a)

a fact is to be regarded as proved if the Committee consider that it has been proved on the balance of probabilities, and

(b)

the Committee may consider any evidence which would be admissible in civil proceedings in England or Wales.

(2)

In proceedings where a criminal act or any fraud or dishonesty is alleged—

(a)

the allegation is only to be regarded as proved if the Committee consider that it has been proved beyond reasonable doubt, and

(b)

the Committee may only consider evidence which—

(i)

would be admissible in criminal proceedings in England or Wales, or

(ii)

they are satisfied, after consulting with the Legal Assessor, it is desirable in the interests of justice to consider.

(3)

This rule does not apply to an allegation to which rule 19 applies.