HSC Legal Crime Practice Exam

Under the Evidence Act 1995, when evidence is obtained illegally, it is not automatically deemed irrelevant; instead, the Act sets out a framework for determining its admissibility in court. In practice, the courts have discretion in deciding whether to admit such evidence based on factors like the nature of the evidence, the seriousness of the illegal conduct, and the potential impact on the trial.

Choosing the option that states the evidence is automatically irrelevant does not accurately reflect this legal principle. Illegally obtained evidence may still be relevant and could potentially be admitted if the court considers it appropriate after weighing various factors, including the interests of justice and the circumstances under which it was acquired.

In this context, the law aims to strike a balance between the integrity of the judicial process and the need for law enforcement to effectively combat crime, allowing for a nuanced approach rather than a blanket dismissal of illegally obtained evidence.