EVIDENCE ACT 1995 - SECT 101
Further restrictions on tendency evidence and coincidence evidence adduced by prosecution
EVIDENCE ACT 1995 - SECT 101
Further restrictions on tendency evidence and coincidence evidence adduced by prosecution
101 Further restrictions on tendency evidence and coincidence evidence adduced
by prosecution
(1) This section only applies in a criminal proceeding and so
applies in addition to sections 97 and 98.
(2) Tendency evidence about a
defendant, or coincidence evidence about a defendant, that is adduced by the
prosecution cannot be used against the defendant unless the probative value of
the evidence substantially outweighs any prejudicial effect it may have on the
defendant.
(3) This section does not apply to tendency evidence that the
prosecution adduces to explain or contradict tendency evidence adduced by the
defendant.
(4) This section does not apply to coincidence evidence that the
prosecution adduces to explain or contradict coincidence evidence adduced by
the defendant.
