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Rules of Evidence


The Part of the uniform evidence law which deals with character evidence only applies to criminal proceedings and is irrelevant to civil proceedings. Section 110 states that the opinion rule, the tendency rule and the credibility rule do not apply to evidence of character when it is adduced by the defendant in their own favour. Once such evidence is admitted by the court, the prosecution is then able to adduce evidence that the defendant is not of good character. This wording encompasses both the rebuttal of good character evidence, and the presentation of new facts. The kind of evidence presented still must pass other evidentiary rules, such as relevance.

All statutory sections from unspecified Acts, are sections from a model Act of the Commonwealth Parliament as described on the first page of this chapter, and should be replicated as described in each of the related Acts of each State and Territory. (Jurisdiction to regulate the rules of evidence exists in the States and Territories and not in the Commonwealth).

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