In a trial, a court must decide what the facts are. A court determines what the facts are by considering the evidence that is presented to it.

Evidence is all of the information given directly to the court, usually by or through a witness. Evidence must comply with particular rules. This is the only information the court may consider.

Much of the law of evidence relevant to South Australia is contained in the Evidence Act 1929 (SA).

This section includes a few common evidence issues. The law of evidence has many exceptions and nuances, some of which are in the Evidence Act 1929 (SA), and some in the common law.

Legal advice and representation is always recommended for anyone charged with an indictable offence. Please see our information on Applying for Legal Aid if you are charged with an indictable offence and need legal help.

There is also coverage of the law of evidence in other sections of the Law Handbook. See, for example, Offences against children, young people and vulnerable adults – Sexual offences, Evidence in sexual assault cases and Assistance for Suspects, Victims and Witnesses with Communication Needs.