Section 90 — Evidence Act 1995 (Cth)

Discretion to exclude admissions

In a criminal proceeding, the court may refuse to admit evidence of an admission, or refuse to admit the evidence to prove a particular fact, if:

(a) the evidence is adduced by the prosecution; and

(b) having regard to the circumstances in which the admission was made, it would be unfair to a defendant to use the evidence.

Note: Part 3.11 contains other exclusionary discretions that are applicable to admissions.

Sourced from the Federal Register of Legislation at 22 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 87 — Admissions made with authority
s 88 — Proof of admissions
s 89 — Evidence of silence
s 91 — Exclusion of evidence of judgments and convictions
s 92 — Exceptions
s 93 — Savings

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