A trial judge's generalised remarks to the jury about the unreliability of children's evidence or deficiencies in the tape-recording procedure for special hearings are arguably contrary to s 375(c) of the Criminal Procedure Act 2009 (Vic) and s 165A(1) of the Evidence Act 2008 (Vic). However, where such remarks are unmistakeably helpful to the defence by inviting greater scrutiny of the complainants' evidence, they will not give rise to a miscarriage of justice on appeal by the accused. Section 165A(1) is a provision included to assist prosecutors, not defendants, by ensuring that presumptions about the unreliability of children are avoided.
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