A trial judge may not present psychological research findings about the reliability of child witnesses as binding directions of law. Such material is controversial and constitutes impermissible evidence-giving by the judge. Where expert evidence about child development and behaviour is relevant, it must be adduced through expert witnesses meeting the requirements of ss 79 and 108C of the Evidence Act 2008 (Vic). A judge may, however, direct the jury that the age of a witness is not determinative of his or her ability to give truthful and accurate evidence.
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