Subjects:

Other Jurisdictions , Australia

Evidential rules result from the search for facts in particular cases within Australia's adversarial system of justice, both at common law, and under the uniform legislation which applies in the Federal and State Courts in the Australian Capital Territory, New South Wales and Tasmania. The apparent technicality of the uniform legislation is analysed and resolved within this 'principled' context. While the substance of the uniform legislation's provisions is essentially unchanged from the 3rd edition, a burgeoning body of case law has arisen, relevant to the correct interpretation and application of legislative provisions.

Some of the many developments include: expansion of the scope of legal professional privilege; development of the accused's right to silence in criminal trials; elaboration of the prosecutor's obligation to call all material witnesses in criminal trials; state courts consideration on the tender of evidence revealing an accused's criminal tendency; coverage of the legislation relating to procedures for obtaining evidence; prosecutorial obligations to disclose evidence; and protects vulnerable witnesses when they testify.