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Act index » Chapter 3 - Admissibility of evidence Introductory Note » Part 3.7 - Credibility » Division 4 - Persons with specialised knowledge
108C Exception—evidence of persons with specialised knowledge
(1)The credibility rule does not apply to evidence given by a person concerning the credibility of another witness if—
(a)the person has specialised knowledge based on the person's training, study or experience; and
(b)the evidence is evidence of an opinion of the person that—
(i)is wholly or substantially based on that knowledge; and
(ii)could substantially affect the assessment of the credibility of the witness; and
(c)the court gives leave to adduce the evidence.
(2)To avoid doubt, and without limiting subsection (1)—
(a)a reference in that subsection to specialised knowledge includes a reference to specialised knowledge of child development and child behaviour (including specialised knowledge of the impact of sexual abuse on children and their behaviour during and following the abuse); and
(b)a reference in that subsection to an opinion of a person includes, if the person has specialised knowledge of that kind, a reference to an opinion relating to either or both of the following—
(i)the development and behaviour of children generally;
(ii)the development and behaviour of children who have been victims of sexual offences, or offences similar to sexual offences.