IntroductionIn the discussion that follows, the function fulfilled by “proof” within the adversarial system will be examined. The central importance of relevance for the admissibility of evidence will be linked to the objective pursued by the tribunal of fact. The range of factors that impact the criminal justice system will serve as a basis for examining the justification for excluding certain evidence. Changing attitudes following recent legislation will lead the debate to the conclusion that the above statement is not sustainable. The purpose of this “battle” is much debated in the academic literature. Some commentators emphasize the theory of "search for truth" and the belief that justice absolutely depends on it. Although the nature of "truth" itself may be contested, it is accepted, for the purposes of this discussion, that it constitutes the central objective of the adversarial system. Murphy draws attention to "other competing legitimate objectives" in the context of legal proceedings, including respecting "fairness" and excluding evidence that may be "inherently suspect/unreliable" or "prejudicial." . The role of evidence in accurately reconstructing past events and any constraints that should be put in place will be examined. Equity. The adversarial system involves the state opposing the individual accused. There is no doubt that there is a significant disparity between fighters. Stockdale and Casel assert that many of the basic rights granted to the defendant are attempts to compensate for...... middle of paper ...... istopher Allen. Practical Guide to Evidence.4e.ed (2008) Routledge Cavendish.Jonathan Doak and Claire McGourlay. Criminal Evidence in Context.2nd.ed (2009) Routledge-Cavendish.Raymond Emson. Evidence. 4th ed. (2008) Palgrave Macmillan Andrew L. Choo. Proof 2nd ed. (2009). Oxford University Press. JR Spencer. Hearsay evidence in criminal proceedings. (2008) Hart Publishing. Adrian Keane. The Modern Law of Evidence.6e.ed (2006) Oxford University PressMaureen and John Spencer. Evidence. To focus. (2010) Oxford University Press Tobias Thienel. The admissibility of evidence obtained through torture under international law. (2006) The European Review of International Law. Vol 17. No.2Robert Munday. Evidence. Basic text series. (2009) 5th edition, Oxford University Press, Colin Tapper. Cross & Tapper on Evidence. (2010) 12th edition, Oxford University Press