101Further 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. S. 101(2) amended by No. 68/2009 s. 97(Sch. item 55.21). (2) Tendency evidence about an accused, or coincidence evidence about an accused, that is adduced by the prosecution cannot be used against the accused unless the probative value of the evidence substantially outweighs any prejudicial effect it may have on the accused. S. 101(3) amended by No. 68/2009 s. 97(Sch. item 55.21(b)). (3) This section does not apply to tendency evidence that the prosecution adduces to explain or contradict tendency evidence adduced by the accused. S. 101(4) amended by No. 68/2009 s. 97(Sch. item 55.21(b)). (4) This section does not apply to coincidence evidence that the prosecution adduces to explain or contradict coincidence evidence adduced by the accused. Part 3.7—Credibility Division 1—Credibility evidence 101A Credibility evidence Credibility evidence, in relation to a witness or other person, is evidence relevant to the credibility of the witness or person that— (a) is relevant only because it affects the assessment of the credibility of the witness or person; or (b) is relevant— (i) because it affects the assessment of the credibility of the witness or person; and (ii) for some other purpose for which it is not admissible, or cannot be used, because of a provision of Parts 3.2 to 3.6. 1 Sections 60 and 77 will not affect the application of paragraph (b), because they cannot apply to evidence that is yet to be admitted. 2 Section 101A was inserted as a response to the decision of the High Court of Australia in Adam v The Queen (2001) 207 CLR 96. Division 2—Credibility of witnesses