New South Wales Consolidated Acts

EVIDENCE ACT 1995 - SECT 4

4 Courts and proceedings to which Act applies

(1) This Act applies to all proceedings in a NSW court, including proceedings that:

(a) relate to bail, or

(b) are interlocutory proceedings or proceedings of a similar kind, or

(c) are heard in chambers, or

(d) subject to subsection (2), relate to sentencing.

(2) If such a proceeding relates to sentencing:

(a) this Act applies only if the court directs that the law of evidence applies in the proceeding, and

(b) if the court specifies in the direction that the law of evidence applies only in relation to specified matters-the direction has effect accordingly.

(3) The court must make a direction if:

(a) a party to the proceeding applies for such a direction in relation to the proof of a fact, and

(b) in the court’s opinion, the proceeding involves proof of that fact, and that fact is or will be significant in determining a sentence to be imposed in the proceeding.

(4) The court must make a direction if the court considers it appropriate to make such a direction in the interests of justice.

Note:

1 Section 4 of the Commonwealth Act differs from this section. It applies that Act to proceedings in a federal court or an ACT court. Some provisions of the Commonwealth Act extend beyond proceedings in federal courts and ACT courts (see sections 5, 185, 186 and 187 of the Commonwealth Act).

2 "NSW court" is defined in the Dictionary. The definition includes persons or bodies required to apply the laws of evidence.

3 The Commonwealth Act includes 2 additional subsections that exclude the application of that Act to appeals from a court of a State (including appeals from a court of a State exercising federal jurisdiction) and certain other courts.

4 See section 79 of the Judiciary Act 1903 of the Commonwealth for the application of this Act to proceedings in a State court exercising federal jurisdiction.