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deals with warnings in relation to children's evidence. The clause is based on the 2005 LRCs' Report (recommendation 18-2) which refers to research that demonstrates that children's cognitive and recall skills are not inherently less reliable than adults. However, the credibility of children's evidence may be underestimated by juries. This perception of unreliability is enhanced if a judge gives a general warning about the unreliability of child witnesses. This clause addresses these misconceptions and reinforces the policy underpinning clause 165 that warnings should only be given where the circumstances of the case indicate they are warranted. Subclause (1) provides that in any proceeding in which evidence is given by a child before a jury, a judge is prohibited from warning or suggesting to the jury—
that children as a class are unreliable witnesses;
that the evidence of children as a class is inherently less credible or reliable, or requires more careful scrutiny, than the evidence of adults;
that a particular child's evidence is unreliable solely on account of the age of the child;
in criminal proceedings, that it is dangerous to convict on the uncorroborated evidence of a witness who is a child.
Under subclause (2) a party can request a warning (or information) to be made in relation to a particular child. If such a request is made, the court must be satisfied that there are circumstances particular to that child (other than age) that affect the reliability of the child's evidence and warrant the giving of a warning or information to the jury. If the court so finds, it can—
inform the jury that the evidence of a particular child may be unreliable and the reasons for which it may be unreliable; or
warn or inform the jury of the need for caution in determining whether to accept the evidence of the particular child and the weight to be given to it.
Subclause (3) provides that this clause does not affect any other power of a judge to give a warning to, or inform, the jury.