Evidence Act 2001
101Further restrictions on tendency evidence and coincidence evidence adduced by the prosecution
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101 Further restrictions on tendency evidence and coincidence evidence adduced by the prosecution
(1) This section only applies in a criminal proceeding and so applies in addition to sections 97 and 98 .
(2) [Section 101 Subsection (2) amended by No. 2 of 2023, s. 24, Applied:20 Apr 2023] Tendency evidence about a defendant, or coincidence evidence about a defendant, adduced by the prosecution cannot be used against the defendant unless the probative value of the evidence outweighs the danger of unfair prejudice to 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.
(5) [Section 101 Subsection (5) inserted by No. 49 of 2017, s. 6, Applied:12 Dec 2017] [Section 101 Subsection (5) omitted by No. 2 of 2023, s. 24, Applied:20 Apr 2023] . . . . . . . .