The thinking behind proposed new admissibility criteria - the second option - is that cases would not come before the court if they had already been examined by a national court applying the convention.
Law commissioners called for a new reliability-based admissibility test for expert evidence in criminal proceedings.
"If there was a trial and an execution before the (admissibility) challenge, that would fly in the face of Libya's obligations".
The CCRC also questioned the admissibility of voice identification evidence.
DLA Piper, a London law firm, has also helped refine the admissibility requirements for evidence.
— anna holligan (@annaholligan) October 9, 2012 Lawyer representing #Libya Philippe Sands 'death penalty cannot be carried out before case considered by Supreme Court' #Gaddafi Gaddafi's lawyer Melinda Taylor, who was arrested in Libya in June along with three other ICC staff members, appeared at the public hearing on Libya's challenge to the admissibility of the case.
The EU would also establish minimum rules on matters of judicial procedure, such as the admissibility of evidence, the rights of the accused and so forth.
The Crown Prosecution Service says it found insufficient evidence to proceed on the Yemen allegations, and cites differing rules on admissibility of evidence.The case has implications for America's prosecution of terrorism, too.
New legislation passed by Mr Berlusconi's government in October 2001 was used to challenge the admissibility of the prosecution's evidence, but the courts were unmoved.
The defence weighed in with frequent objections about the admissibility of evidence.
Those had seemed to allow the admissibility of physical evidence found as a result of statements made by defendants before they had heard the Miranda warning.In the peculiar circumstances of Mr Patane's case that he told the arresting detective he already knew his rights—it may seem justified that the gun should be admissible.
