Australian Capital Territory Numbered Acts

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EVIDENCE ACT 2011 (NO. 12 OF 2011) - SECT 97

The tendency rule

    (1)     Evidence of the character, reputation or conduct of a person, or a tendency that a person has or had, is not admissible to prove that a person has or had a tendency (whether because of the person's character or otherwise) to act in a particular way, or to have a particular state of mind unless—

        (a)     the party seeking to present the evidence gave reasonable notice in writing to each other party of the party's intention to present the evidence; and

        (b)     the court thinks that the evidence will, either by itself or having regard to other evidence presented or to be presented by the party seeking to present the evidence, have significant probative value.

    (2)     Subsection (1) (a) does not apply if—

        (a)     the evidence is presented in accordance with a direction made by the court under section 100 (Court may dispense with notice requirements); or

        (b)     the evidence is presented to explain or contradict tendency evidence presented by another party.

Note     The tendency rule is subject to specific exceptions about the character of and expert opinion about accused people (s 110 and s 111). Other provisions of this Act, or of other laws, may operate as further exceptions.

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