The accusatorial principle does not require exclusion of admissions voluntarily made by an accused in prior civil proceedings from subsequent criminal proceedings brought by the same legal entity, even where the plaintiff and prosecutor are the same body. The limited timetabling solution in AFP v Zhao does not extend to excluding evidence from concluded civil proceedings. Practitioners advising defendants in civil proceedings brought by a body that also has prosecutorial powers should consider seeking protective measures (such as undertakings or stays) at the time of the civil proceedings, as retrospective relief is unlikely to be granted.
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