Australian Uniform Evidence Law

This chapter is about the admissibility of evidence in court as opposed to the adducing of evidence in court. The concept of relevance has a non-legal meaning where it assists in determining an issue or question in a rational manner. Likewise, the fundamental rule in evidence law is that evidence that is relevant is admissible, unless it is excluded by one of the rules of exclusion. Where the evidence is irrelevant, it is inadmissible, and there are no rules of inclusion. Therefore, relevance is the first hurdle in considering whether an item of evidence is to be admitted in court. Relevance is a significant concept that is, and should be, considered when reading about the other topics discussed in this book.

To be admissible, evidence must be relevant to a fact in issue. In other words, the item of evidence must be able to affect the assessment of the probability that the fact in issue exists. Facts in issue are determined by reference to the substantive law. If an item of evidence assists the tribunal of fact to decide the issue rationally, it will be relevant.