How Did the Law of Evidence Develop?
As an example in Australia, the law of evidence developed through the common law and then later on through legislation in 1995 which received Royal assent on 23 separate 1995. The legislation had passed through both Houses of Parliament some weeks before, which was an important milestone in the development of the Australian legal system. In July 1979, the Australian Law reform commission had been given the task of reforming the rules of evidence applicable in federal courts. More than 15 years later, the Commonwealth act was enacted to a very significant extent based on the Australian Law reform commission proposals. It is substantial piece of legislation with over 197 sections and hundred printed pages in length. As the Federal Minister for Justice stated that the outcome and instigation of the act, is one of the most important reforms in the administration of justice in Australia. Its importance is not limited to the federal sphere. Within months of passing the new Commonwealth act, virtually every identical jurisdiction within the country enacted legislation which was very similar. New South Wales was the first thing quickly followed by Tasmania.
The rules of evidence applied in Australian courts server number of functions and being a regulation of what material court may consider in determining factual issues, how the material is to be presented in court on how Corretja goes about the task of deciding factual issues on the basis of the evidence. They are a central part of the system of procedural justice. Procedural rules are critical to the resolution of disputes and the enforcement of substantive law courts. If the procedure is inefficient, access to justice is impaired. If the procedures are unjust, the outcome of the process is likely to be unjust. At the symbolic centre of the system of procedural justice is the trial. While what happens before and after the trial is important, the try was the central and most public part of the justice system. It is the showcase where the community can observe the law in action and assess whether justice has been done. To a very great extent, trial procedure is determined by the law of evidence.