33Prohibited statements and suggestions in relation to reliability of children's evidence

33 Prohibited statements and suggestions in relation to reliability of children's evidence

The trial judge, the prosecution and defence counsel (or, if the accused is unrepresented, the accused) must not say, or suggest in any way, to the jury that—

(a) children as a class are unreliable witnesses; or

(b) the evidence of children as a class is inherently less credible or reliable, or requires more careful scrutiny, than the evidence of adults; or

(c) a particular child's evidence is unreliable solely on account of the age of the child; or

(d) it would be dangerous to convict on the uncorroborated evidence of a witness because that witness is a child.

1 Section 7 provides for correction of statements or suggestions to the contrary of this provision.

2 Section 164 of the Evidence Act 2008 relates to corroboration.

34 Abolition of common law rules

(1) Except as provided by this Division, a trial judge is not required to direct the jury regarding evidence of a kind that may be unreliable.