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Evidence Act 2011
108CException—evidence of people with specialised
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108C Exception—evidence of people with specialised
knowledge
(1) The credibility rule does not apply to evidence given by a person
about the credibility of another witness if—
(a) the person has specialised knowledge based on the person’s
training, study or experience; and
(b) the evidence is evidence of an opinion of the person that—
(i) is completely or substantially based on that knowledge;
and
(ii) could substantially affect the assessment of the credibility
of the witness; and
(c) the court gives leave to present the evidence.
(2) To remove any doubt, and without limiting subsection (1)—
(a) a reference in that subsection to specialised knowledge includes
a reference to specialised knowledge of child development and
child behaviour (including specialised knowledge of the impact
of sexual abuse on children and their behaviour during and
following the abuse); and
(b) a reference in that subsection to an opinion of a person includes,
if the person has specialised knowledge mentioned in paragraph
(a), a reference to an opinion relating to either or both of the
(i) the development and behaviour of children generally;
(ii) the development and behaviour of children who have been
victims of sexual offences, or offences similar to sexual
offences.
Character Part 3.8