70109 Study Guide - Final Guide: 6 Years, Indictable Offence, Unfair Prejudice In United Kingdom Company Law
Document Summary
Rues permitting the discretionary exclusion of evidence: discretion to exclude evidence, discretion to limit the use of evidence. Judicial comments, directions and warnings: evidence act is designed to let in as much relevant evidence as possible, to be tested through thresholds of admissibility. In the end - trial judge(cid:859)s dis(cid:272)retio(cid:374) (cid:449)hether the e(cid:448)ide(cid:374)(cid:272)e is ad(cid:373)itted or (cid:374)ot, and is very difficult to appeal because its hard to determine whether the exercise of discretion contains an error. The evidence that is relevant in a proceeding is evidence that, if it were accepted, could rationally affect (directly or indirectly) the assessment of the probability of the existence of a fact in issue in the proceeding. Probative value of evidence means the extent to which the evidence could rationally affect the assessment of the probability of the existence of a fact in issue. This definition does not apply to s 55 but applies to the rest of the sections below.
