South Australian Current Acts

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EVIDENCE ACT 1929 - SECT 12A

12A—Warning relating to uncorroborated evidence of child in criminal proceedings

        (1)         In a criminal trial, a judge must not warn the jury that it is unsafe to convict on a child's uncorroborated evidence unless—

            (a)         the warning is warranted because there are, in the circumstances of the particular case, cogent reasons, apart from the fact that the witness is a child, to doubt the reliability of the child's evidence; and

            (b)         a party asks that the warning be given.

        (2)         In giving any such warning, the judge is not to make any suggestion that the evidence of children is inherently less credible or reliable, or requires more careful scrutiny, than the evidence of adults.



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