94Application of Part

94 Application of Part

(1)  This Part does not apply to evidence that relates only to the credibility of a witness.

(2)  This Part does not apply so far as a proceeding relates to bail or sentencing.

(3)  This Part does not apply to evidence of –

(a) the character, reputation or conduct of a person; or

(b) a tendency that a person has or had –

if that character, reputation, conduct or tendency is a fact in issue.

(4)  [Section 94 Subsection (4) inserted by No. 2 of 2023, s. 21, Applied:20 Apr 2023] To avoid doubt, any principle or rule of the common law or equity that prevents or restricts the admissibility of evidence about propensity or similar fact evidence in a proceeding is not relevant when applying this Part to tendency evidence or coincidence evidence about a defendant.

(5)  [Section 94 Subsection (5) inserted by No. 2 of 2023, s. 21, Applied:20 Apr 2023] In determining the probative value of tendency evidence or coincidence evidence for the purposes of section 97(1)(b) , 97A(4) , 98(1)(b) or 101(2) , it is not open to the court to have regard to the possibility that the evidence may be the result of collusion, concoction or contamination.