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Uniform Evidence Law (ALRC Report 102)
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12. The Credibility Rule and its Exceptions
12. The Credibility Rule and its Exceptions
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In this section:
Introduction
Evidence relevant only to a witness’ credibility
The definition of substantial probative value
Is the test of substantial probative value too high?
Matters to which the court may have regard
Credibility and the character provisions
Leave to cross-examine the defendant
Rebutting denials in cross-examination by other evidence
Other s 106 issues
Rebuttal of evidence led on a collateral issue
Credibility of persons making a previous representation
Expert evidence going to credibility
Unsworn statements by a defendant
Credibility issues in sexual offence cases
‹ The operation of s 101
up
Introduction ›
Uniform Evidence Law (ALRC Report 102)
Table of Contents:
Terms of Reference
Executive Summary
List of Recommendations
1. Introduction to the Inquiry
2. The Uniform Evidence Acts
3. Understanding the Uniform Evidence Acts
4. Competence and Compellability
5. Examination and Cross-Examination of Witnesses
6. Documentary Evidence
7. The Hearsay Rule and Section 60
8. The Hearsay Rule — First-hand and More Remote Hearsay Exceptions
9. The Opinion Rule and its Exceptions
10. Admissions
11. Tendency and Coincidence Evidence
12. The Credibility Rule and its Exceptions
Introduction
Evidence relevant only to a witness’ credibility
The definition of substantial probative value
Is the test of substantial probative value too high?
Matters to which the court may have regard
Credibility and the character provisions
Leave to cross-examine the defendant
Rebutting denials in cross-examination by other evidence
Other s 106 issues
Rebuttal of evidence led on a collateral issue
Credibility of persons making a previous representation
Expert evidence going to credibility
Unsworn statements by a defendant
Credibility issues in sexual offence cases
13. Identification Evidence
14. Privileges: Extension to Pre-Trial Matters and Client Legal Privilege
15. Privilege: Other Privileges
16. Discretionary and Mandatory Exclusions
17. Judicial Notice
18. Comments, Warnings and Directions to the Jury
19. Aboriginal and Torres Strait Islander Traditional Laws and Customs
20. Matters Outside the Uniform Evidence Acts
