Abstract:
In 2012, two new provisions were introduced to the Evidence Act which empower the courts to exclude evidence of hearsay and expert opinion in the interests of justice. Additionally, the Court of Appeal has recently affirmed that the courts may exercise an independent discretion to exclude evidence in criminal cases where the probative value of an accused person’s statement is overridden by its prejudicial effect. This article examines these developments and argues for a clearer and more comprehensive statutory scheme governing the court’s discretion to exclude admissible evidence in civil and criminal cases.