Commonwealth Consolidated Acts

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EVIDENCE ACT 1995 - SECT 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

  (b)   having regard to the circumstances in which the admission was made, it would be unfair to a defendant to use the evidence.

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

 


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