This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.
allows any party in a jury trial to ask the judge to give a warning to the jury about the unreliability of evidence to which the clause applies and the need for care in determining the weight to attach to the evidence. The clause sets out the types of evidence that may be unreliable and includes hearsay evidence, evidence of admissions and evidence affected by the age or ill-health of the witness. Subclause (3) provides that a judge need not comply with a party's request if there are good reasons for not doing so. If a warning is given, no particular form of words need be used in giving the warning or information. The clause is not intended to affect any other power of the judge to give a warning to, or inform, the jury. The clause prohibits a judge from warning or informing the jury about the reliability of a child's evidence. It stipulates that any warning about a child's evidence must be given in accordance with clause 165A.