Victorian Current Acts

EVIDENCE ACT 2008 - SECT 4

    (1)     This Act applies to all proceedings in a Victorian court, including proceedings that—

        (a)     relate to bail; or

        (b)     are interlocutory proceedings or proceedings of a similar kind; or

        (c)     are heard in chambers; or

        (d)     subject to subsection (2), relate to sentencing.

    (2)     If such a proceeding relates to sentencing—

        (a)     this Act applies only if the court directs that the law of evidence applies in the proceeding; and

        (b)     if the court specifies in the direction that the law of evidence applies only in relation to specified matters—the direction has effect accordingly.

    (3)     The court must make a direction if—

        (a)     a party to the proceeding applies for such a direction in relation to the proof of a fact; and

        (b)     in the court's opinion, the proceeding involves proof of that fact, and that fact is or will be significant in determining a sentence to be imposed in the proceeding.

    (4)     The court must make a direction if the court considers it appropriate to make such a direction in the interests of justice.

    (5)     In this section, a proceeding that relates to sentencing includes a proceeding for an order under Part 4 of the Sentencing Act 1991 .

Notes to s. 4 amended by Nos 67/2013 s. 649(Sch. 9 item 17), 22/2020 s. 18.

Notes

1         Section 4 of the Commonwealth Act differs from this section. It applies that Act to proceedings in a federal court or an Australian Capital Territory court. Some provisions of the Commonwealth Act extend beyond proceedings in federal courts and Australian Capital Territory courts (see sections 5, 185, 186 and 187 of the Commonwealth Act).

2     "Victorian court" is defined in the Dictionary. The definition includes persons or bodies required to apply the laws of evidence.

3     The Commonwealth Act includes 2 additional subsections that exclude the application of that Act to appeals from a court of a State (including appeals from a court of a State exercising federal jurisdiction) and certain other courts.

4     Provisions in other Victorian Acts which relieve courts from the obligation to apply the rules of evidence in certain proceedings are preserved by section 8.

5     Subsection (5) is not included in the Commonwealth Act or New South Wales Act.