Improving protections for children, special witnesses

The Evidence (Children and Special Witnesses) Amendment Bill 2025 has been tabled in the House of Assembly.

Attorney-General and Minister for Justice, Guy Barnett, said the Bill proposes amendments to the Evidence (Children and Special Witnesses) Act 2001, which sets out protections that apply to the giving of evidence by children and special witnesses.

“These protections include provision for the audio-visual recording of evidence by children and special witnesses, so they don’t need to be present at a trial,” the Attorney-General said.

“Where such evidence is pre-recorded at a special hearing to be played during a criminal trial, it can be edited to remove material that is irrelevant, unduly prejudicial or otherwise inadmissible.”

The Bill implements an amendment requested by the previous Chief Justice to streamline the process for dealing with recorded evidence by allowing a Supreme Court Judge, the Associate Judge or the Registrar to authorise arrangements for the possession and editing of a recording.

It is appropriate for the court to be able to give these authorisations, given they have oversight of the proceedings.

These amendments were released for public consultation late last year and will improve and streamline the operation of the Evidence (Children and Special Witnesses) Act 2001. 

“This is a small but important way we can facilitate participation in the criminal justice process for vulnerable witnesses,” the Attorney said.