Evidence Act 1893 · 2020 Revised Edition · Part 1 · Relevancy of Facts
56. Admissibility of evidence and questions about accused’s disposition or reputation
Feedback & supportIn any criminal proceedings, the accused may —
personally or by his or her advocate ask questions of any witness with a view to establishing directly or by implication that he or she is generally or in a particular respect a person of good disposition or reputation;
himself or herself give evidence tending to establish directly or by implication that he or she is generally or in a particular respect such a person; or
call a witness to give any such evidence.
Where any of the things mentioned in subsection (1) has been done, the prosecution may call, and any person jointly charged with the accused may call or himself or herself give, evidence to establish that the accused is a person of bad disposition or reputation, and the prosecution or any person so charged may in cross‑examining any witness (including, where he or she gives evidence, the accused) ask him or her questions with a view to establishing that fact.
evidence
“evidence” includes —(a)all statements which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry: such statements are called oral evidence; and(b)all documents produced for the inspection of the court: such documents are called documentary evidence;
Where by virtue of this section a party is entitled to call evidence to establish that the accused is a person of bad disposition or reputation, that party may call evidence of the accused’s previous convictions, if any, whether or not that party calls any other evidence for that purpose.
Where by virtue of this section a party is entitled in cross‑examining the accused to ask him or her questions with a view to establishing that he or she is such a person, section 122(4) does not apply in relation to his or her cross‑examination by that party.