South Australian Current Acts

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EVIDENCE ACT 1929 - SECT 34KD

34KD—Court's general discretion to exclude evidence

        (1)         In prescribed proceedings the court may refuse to admit a statement as evidence of a matter stated if—

            (a)         the statement was made otherwise than in oral evidence in the proceedings; and

            (b)         the court is satisfied that the case for excluding the statement, taking account of the danger that to admit it would result in undue waste of time, substantially outweighs the case for admitting it, taking account of the value of the evidence.

        (2)         Nothing in this section derogates from any other power of a court to exclude evidence at its discretion (whether by preventing questions from being put or otherwise).

        (3)         In this section—

"prescribed proceedings" means—

            (a)         proceedings for a criminal offence; or

            (b)         proceedings under the Serious and Organised Crime (Control) Act 2008 .



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