ACTIn ForceAct
Evidence Act 2011
165AWarnings in relation to children’s evidence
Start here
Get a plain-English read of 165A
Turn the raw legal text into a practical explanation grounded in Evidence Act 2011.
165A Warnings in relation to children’s evidence
(1) A judge in a proceeding in which evidence is given by a child before
a jury must not do any of the following:
(a) warn the jury, or suggest to the jury, that children as a class are
unreliable witnesses;
(b) warn the jury, or suggest to the jury, that the evidence of children
as a class is inherently less credible or reliable, or requires more
careful scrutiny, than the evidence of adults;
(c) give a warning, or suggestion to the jury, about the unreliability
of the particular child’s evidence solely on account of the child’s
age;
(d) in a criminal proceeding—give a general warning to the jury of
the danger of convicting on the uncorroborated evidence of a
witness who is a child.
Warnings and information Part 4.5
(2) Subsection (1) does not prevent the judge, at the request of a party,
from—
(a) telling the jury that the evidence of the particular child may be
unreliable and the reasons why it may be unreliable; and
(b) warning or telling the jury about the need for caution in deciding
whether to accept the evidence of the particular child and the
weight to be given to it;
if the party has satisfied the court that there are circumstances (other
than solely the age of the child) particular to the child that affect the
reliability of the child’s evidence and that warrant the giving of the
warning or information.
(3) This section does not affect any other power of a judge to give a
warning to, or to inform, the jury.