What is mandatory for the prosecution under section 137 of the EAC?

The requirement that the probative value be 'outweighed' is a fundamental aspect of section 137 of the Evidence Act in Queensland. This provision serves to prevent the admission of evidence that may be considered prejudicial or inflammatory, even if that evidence is relevant to the case.

In practical terms, when a party wishes to have specific evidence admitted, the court must assess the evidence's probative value—that is, its ability to contribute to proving the facts in issue. If the prejudicial effect of the evidence is found to outweigh its probative value, the court has the discretion to exclude it from consideration. This process is essential to ensure a fair trial and uphold the integrity of the legal proceedings, reinforcing that while evidence can be relevant, it isn’t automatically admissible if it risks unfairly biasing the jury or detracting from the trial's fairness.

This specific focus on the relationship between probative value and prejudicial effect is not a requirement regarding the defense's obligations, nor does it pertain to the need for witness testimony or forensic evidence, which are different aspects of evidentiary law.