165Unreliable evidence

### 165 Unreliable evidence > > (1)  This section applies to evidence of a kind that may be unreliable, including the following kinds of evidence: > > > > > > (a) evidence in relation to which [Part 2](#HC3@HP2@EN) of [Chapter 3](#HC3@EN) or [Part 4](#HC3@HP4@EN) of [Chapter 3](#HC3@EN) applies; > > > > > > > (b) identification evidence; > > > > > > > (c) evidence the reliability of which may be affected by age, ill health, whether physical or mental, injury or the like; > > > > > > > (d) evidence given in a criminal proceeding by a witness who may reasonably be supposed to be criminally concerned in the events giving rise to the proceeding; > > > > > > > (e) evidence given in a criminal proceeding by a witness who is a prison informer; > > > > > > > (f) [*\[Section 165 Subsection (1) amended by No. 46 of 2010, s. 45, Applied:01 Jan 2011\]*](/view/html/inforce/2011-01-01/act-2010-046#GS45@Hpa@EN) oral evidence of questioning by an investigating official of a defendant that is questioning recorded in writing that has not been signed or otherwise acknowledged by the defendant; > > > > > > > (g) in a proceeding against the estate of a deceased person, evidence adduced by or on behalf of a person seeking relief in the proceeding that is evidence about a matter about which the deceased person could have given evidence if he or she were alive. > > > > > > > > | Note: Paragraph (f) differs from section 165(1)(f) of the Evidence Act 1995 of the Commonwealth. | > > > (2)  If there is a jury and a party so requests, the judge is to – > > > > > > (a) warn the jury that the evidence may be unreliable; and > > > > > > > (b) inform the jury of matters that may cause it to be unreliable; and > > > > > > > (c) warn the jury of the need for caution in determining whether to accept the evidence and the weight to be given to it. > > > (3)  The judge need not comply with [subsection (2)](#GS165@Gs2@EN) if there are good reasons for not doing so. > > > (4)  It is not necessary that a particular form of words be used in giving the warning or information. > > > (5)  This section does not affect any other power of the judge to give a warning to, or to inform, the jury. > > > (6)  [*\[Section 165 Subsection (6) inserted by No. 46 of 2010, s. 45, Applied:01 Jan 2011\]*](/view/html/inforce/2011-01-01/act-2010-046#GS45@Hpb@EN) [Subsection (2)](#GS165@Gs2@EN) does not permit a judge to warn or inform a jury in proceedings before it in which a child gives evidence that the reliability of the child's evidence may be affected by the age of the child. Any such warning or information may be given only in accordance with [section 165A(2)](#GS165A@Gs2@EN) and [(3)](#GS165A@Gs3@EN) .