EVIDENCE ACT 2008 - SECT 90 Discretion to exclude admissions

EVIDENCE ACT 2008 - SECT 90

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.

Note

Part 3.11 contains other exclusionary discretions that are applicable to admissions.

Part 3.5—Evidence of judgments and convictions