The Difference between Sections 84 and 85 of the Uniform Evidence Acts

Taylor, G 2019, 'The Difference between Sections 84 and 85 of the Uniform Evidence Acts', Australian Law Journal, vol. 93, no. 1, pp. 53-66.


Document type: Journal Article
Collection: Journal Articles

Title The Difference between Sections 84 and 85 of the Uniform Evidence Acts
Author(s) Taylor, G
Year 2019
Journal name Australian Law Journal
Volume number 93
Issue number 1
Start page 53
End page 66
Total pages 14
Publisher Lawbook Co.
Abstract This essay provides a principled differentiation between ss 84 and 85 of the uniform evidence legislation. At present their respective functions are unclear, the drafting is merely "good in parts" and there is much overlap within and between the sections. Therefore their application is more difficult than it needs to be because it is not clear how they relate to each other. Clarification will be of use to practitioners, Judges, students, teachers and reformers of the law. The essential difference is that s 84 deontologically serves the protection of the suspect's basic rights, while s 85 teleologically aims at the rejection of admissions which might well be unreliable and thus at an assurance that poor-quality evidence is not adduced. A side-effect of this difference is that s 84 typically requires some type of positive action by those in authority, while s 85 does not.
Subject Criminal Law and Procedure
Copyright notice © 2019 Thomas Reuters (Professional) Australia Limited
ISSN 0004-9611
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