(1) Subject to this Act, in any proceeding the court, shall find that the facts necessary for determining—
(a) a question whether evidence should be admitted or not admitted, whether in the exercise of a discretion or not; or
(b) any other question arising under this Act,
have been proved if it is satisfied that they have been proved on the balance of probabilities.
(2) In determining whether it is satisfied as mentioned in subsection (1), the court shall take into account, inter alia, the importance of the evidence in the proceedings.