Admissibility of evidence – standard of proof
142 Admissibility of evidence – standard of proof
(1) Except as otherwise provided by this Act, in any proceeding the court is to find that the facts necessary for deciding:
(a) a question whether evidence should be admitted or not admitted, whether in the exercise of a discretion or not; or
any other question arising under this Act;
have been proved if it is satisfied that they have been proved on the balance of probabilities.
(2) In determining whether it is so satisfied, the matters that the court must take into account include:
the importance of the evidence in the proceeding; and
the gravity of the matters alleged in relation to the question.
This Act’s bill:Explanatory statementSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.