(1) The prosecution or defence counsel may request under section 12 that the trial judge direct the jury on evidence of a kind that may be unreliable.
(2) In making a request referred to in subsection (1), the prosecution or defence counsel (as the case requires) must specify—
(a) the significant matters that may make the evidence unreliable; or
(b) if the request concerns evidence given by a child, the significant matters (other than solely the age of the child) that may make the evidence of the child unreliable.
(3) In giving a direction referred to in subsection (1), the trial judge must—
(a) warn the jury that the evidence may be unreliable; and
(b) inform the jury of—
(i) the significant matters that the trial judge considers may cause the evidence to be unreliable; or
(ii) if the direction concerns evidence given by a child, the significant matters (other than solely the age of the child) that the trial judge considers may make the evidence of the child 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.
1 Section 14 requires the trial judge to give this direction, if requested, unless there are good reasons for not doing so. Section 16 requires the trial judge to give a direction if the trial judge considers that there are substantial and compelling reasons for doing so.
2 Section 115(7) of the Evidence Act 2008 and Division 4 of this Part provide for warnings and information about identification evidence.
3 Section 164(4) of the Evidence Act 2008 provides that in a criminal proceeding the judge must not—
(a) warn the jury that it is dangerous to act on uncorroborated evidence or give a warning to the same or similar effect; or
(b) give a direction relating to the absence of corroboration.
4 Section 164(5) of the Evidence Act 2008 provides that in a criminal proceeding for the offence of perjury or a similar or related offence, the judge must direct the jury that it may find the accused guilty only if it is satisfied that the evidence proving guilt is corroborated.