Evidence Act 1995 No 25
Current version for 9 December 2011 to date (accessed 24 May 2013 at 22:56)

101   Further restrictions on tendency evidence and coincidence evidence adduced by prosecution

(1)  This section only applies in a criminal proceeding and so applies in addition to sections 97 and 98.
(2)  Tendency evidence about a defendant, or coincidence evidence about a defendant, that is adduced by the prosecution cannot be used against the defendant unless the probative value of the evidence substantially outweighs any prejudicial effect it may have on the defendant.
(3)  This section does not apply to tendency evidence that the prosecution adduces to explain or contradict tendency evidence adduced by the defendant.
(4)  This section does not apply to coincidence evidence that the prosecution adduces to explain or contradict coincidence evidence adduced by the defendant.
Top of page