Section 90 — Evidence Act 1995 (NSW)

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 New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 88 — Proof of admissions
s 89 — Evidence of silence generally
s 89A — Evidence of silence in criminal proceedings for serious indictable offences
s 91 — Exclusion of evidence of judgments and convictions
s 92 — Exceptions
s 93 — Savings

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