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KembaraXtra – Legal Terms – Judicial Discretion
Judicial discretion refers to the authority granted to judges to make decisions based on their judgment within the limits set by law. This power allows courts to choose between different possible outcomes, such as granting remedies, admitting or excluding evidence, or determining appropriate procedures.
Many rules of evidence and procedure are intentionally flexible, allowing judges to adapt decisions to the specific circumstances of each case. For example, under the Police and Criminal Evidence Act 1984, courts have the discretion to exclude prosecution evidence if admitting it would negatively affect the fairness of the trial. This ensures that justice is not only done but is seen to be done.
Appellate courts, such as the Court of Appeal, are generally reluctant to interfere with how trial judges exercise their discretion. They will usually only intervene if it is shown that the discretion was exercised improperly, unreasonably, or based on incorrect legal principles.
Judicial discretion refers to the authority granted to judges to make decisions based on their judgment within the limits set by law. This power allows courts to choose between different possible outcomes, such as granting remedies, admitting or excluding evidence, or determining appropriate procedures.
Many rules of evidence and procedure are intentionally flexible, allowing judges to adapt decisions to the specific circumstances of each case. For example, under the Police and Criminal Evidence Act 1984, courts have the discretion to exclude prosecution evidence if admitting it would negatively affect the fairness of the trial. This ensures that justice is not only done but is seen to be done.
Appellate courts, such as the Court of Appeal, are generally reluctant to interfere with how trial judges exercise their discretion. They will usually only intervene if it is shown that the discretion was exercised improperly, unreasonably, or based on incorrect legal principles.
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