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COMMONWEALTHAct
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s 90

Discretion to exclude admissions

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Chapter 3Admissibility of evidence
Part 3.4Admissions

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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