Yes, a child can be a witness in New South Wales (NSW), Australia. However, the child’s age and maturity level will be taken into account in determining their ability to provide reliable evidence.


Under the Evidence Act 1995 (NSW), there is no minimum age for a witness to give evidence in court. However, the court must consider the child’s understanding of the difference between truth and lies, and their ability to accurately recall and communicate what they saw or heard. The court may also consider whether the child has any disabilities, and whether the child has been influenced or coached by anyone.


In some cases, a child’s evidence may be given by way of a video recording or other special arrangements to protect the child’s welfare and privacy. Additionally, the court may make orders to protect the child from unnecessary trauma or distress during the proceedings.


Overall, the court’s priority is to ensure that the child witness is treated with sensitivity and fairness, and that their evidence is reliable and credible.


Why Should you Choose Nicopoulos Sabbagh Lawyers to represent you in your Court Case?

Nicopoulos Sabbagh Lawyers a reputable Law Firm is the leading Law firm in both Criminal Law & Traffic Law matters. Nicopoulos Sabbagh Lawyers has dealt with the most complex matters and our office appears in all Jurisdictions in Criminal Law. No matter is too complex for the team so be sure to book your first Free Consultation today!


It is very important that you speak with a lawyer so that you can get the appropriate legal advice which you require prior to going to court.


Our team of experienced solicitors are there for you and can help you answer all your questions, so be sure to contact Nicopoulos Sabbagh Lawyers.


*This article correctly reflects the Laws of NSW as at 8th May 2023.


*Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship.





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