NTIn ForceAct
Evidence Act 1939
26EException to rule against hearsay evidence
Start here
Get a plain-English read of 26E
Turn the raw legal text into a practical explanation grounded in Evidence Act 1939.
26E Exception to rule against hearsay evidence
(1) In a proceeding arising from a charge of a sexual offence or a
serious violence offence, the court may, despite the rule against
hearsay evidence, admit evidence of a statement made by a child
to another person as evidence of facts in issue if the Court
considers the evidence of sufficient probative value to justify its
admission.
(2) In a preliminary examination under Part V, Division 1 of the Local
Court (Criminal Procedure) Act 1928, the child whose evidence is
admitted under subsection (1) cannot be cross-examined in relation
to the statement.
Evidence Act 1939 21
(3) An accused person cannot be convicted solely on the basis of
hearsay evidence admitted under subsection (1).