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Evidence

In a trial, a court must decide what the facts are. A court makes its determination of what the facts are based on a consideration of the evidence that is presented to it.

Evidence is all the information given directly to the court by a witness. It must comply with particular rules. This is the only information of which the court can take notice of.

Much of the Law of Evidence relevant to South Australia is contained in the Evidence Act 1929 (SA).

Below are a few common evidence issues - however the Law of Evidence has many exceptions and nuances, some of these are in the Evidence Act 1929 (SA), and some are in the common law.

Legal advice and representation is always advised for anyone charged with an indictable offence. Please see our information on Applying for Legal Aid if you are charged with an indictable offence and need legal help.

There is also coverage of the Law of Evidence in other sections of the Law Handbook. For example, see Offences against children, young people and vulnerable adults, Sexual offences, Evidence of children, young people and vulnerable adults, Evidence in sexual assault cases and Assistance for Suspects, Victims and Witnesses with Communication Needs.

Evidence  :  Last Revised: Thu Jun 16th 2016
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.