QLDIn ForceAct
Evidence Act 1977
sec.132BAAProhibited directions etc. in relation to reliability of children’s evidence
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### sec.132BAA Prohibited directions etc. in relation to reliability of children’s evidence
In a criminal proceeding the judge must not—
direct, warn or suggest to the jury that children as a class are unreliable witnesses; or
direct, warn or suggest to the jury in relation to the uncorroborated evidence of a child—
that it would be dangerous or unsafe to convict the defendant on the evidence; or
that the evidence should be scrutinised with great care; or
direct, warn or comment to the jury about the reliability of a child’s evidence solely on account of the child’s age.
s 132BAA ins 2024 No. 5 s 65
- (a) direct, warn or suggest to the jury that children as a class are unreliable witnesses; or
- (b) direct, warn or suggest to the jury in relation to the uncorroborated evidence of a child— (i) that it would be dangerous or unsafe to convict the defendant on the evidence; or (ii) that the evidence should be scrutinised with great care; or
- (i) that it would be dangerous or unsafe to convict the defendant on the evidence; or
- (ii) that the evidence should be scrutinised with great care; or
- (c) direct, warn or comment to the jury about the reliability of a child’s evidence solely on account of the child’s age.
- (i) that it would be dangerous or unsafe to convict the defendant on the evidence; or
- (ii) that the evidence should be scrutinised with great care; or