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Under 17
What if I have to give evidence in a court?
If you are under 17 and have been the victim of sexual abuse there are special rules about giving evidence. If the Judge agrees:
• You may give your evidence on videotape rather than having to give it in person;
• Your evidence may be given in a separate room and transmitted to the court by closed circuit television;
• You may appear in court but a screen or one-way glass can be set up so you do not see the abuser;
• The Judge may refuse to allow questions which are intimidating or overbearing.
(ss23C to 23G Evidence Act 1908)
If I have to give evidence before a jury in a criminal case does my evidence carry less weight because I am young?
No. The Judge cannot tell the jury that children under 17 are more likely than adults to make up stories or give untrue evidence.
(s23H Evidence Act 1908)
If you are under 17 and have been the victim of sexual abuse there are special rules about giving evidence. If the Judge agrees:
• You may give your evidence on videotape rather than having to give it in person;
• Your evidence may be given in a separate room and transmitted to the court by closed circuit television;
• You may appear in court but a screen or one-way glass can be set up so you do not see the abuser;
• The Judge may refuse to allow questions which are intimidating or overbearing.
(ss23C to 23G Evidence Act 1908)
If I have to give evidence before a jury in a criminal case does my evidence carry less weight because I am young?
No. The Judge cannot tell the jury that children under 17 are more likely than adults to make up stories or give untrue evidence.
(s23H Evidence Act 1908)
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Latest page update: made by YouthLaw
, Nov 25 2009, 7:07 PM EST
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