16. Discretionary and Mandatory Exclusions

16–1 In order to reflect the fact that s 137 is not a discretion to exclude evidence but a mandatory exclusion, the heading at Part 3.11 ‘Discretions to exclude evidence’ of the uniform Evidence Acts should be amended to read ‘Discretionary and mandatory exclusions’.

16–2 The uniform Evidence Acts should be amended to provide that, in civil and criminal proceedings, the court may, if it thinks fit, give an advance ruling or make an advance finding in relation to any evidentiary issue.