VICIn ForceAct
Evidence Act 2008
90Discretion to exclude admissions
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90 Discretion to exclude admissions
In a criminal proceeding, the court may refuse to admit evidence of an admission, or refuse to admit the evidence to prove a particular fact, if—
(a) the evidence is adduced by the prosecution; and
S. 90(b) amended by No. 68/2009 s. 97(Sch. item 55.20).
(b) having regard to the circumstances in which the admission was made, it would be unfair to an accused to use the evidence.
Part 3.11 contains other exclusionary discretions that are applicable to admissions.
Part 3.5—Evidence of judgments and convictions
91 Exclusion of evidence of judgments and convictions
(1) Evidence of the decision, or of a finding of fact, in an Australian or overseas proceeding is not admissible to prove the existence of a fact that was in issue in that proceeding.
(2) Evidence that, under this Part, is not admissible to prove the existence of a fact may not be used to prove that fact even if it is relevant for another purpose.
Section 178 (Convictions, acquittals and other judicial proceedings) provides for certificate evidence of decisions.