When directing a jury under s 21AW(2) of the Evidence Act 1977 (Qld) regarding pre-recorded evidence of a child, a trial judge may explain what the measure entails, why it is taken, and the circumstances in which it is taken, in order to give context and relevance to the mandatory statutory directions. Judicial interventions during pre-recorded cross-examination of a child witness that are directed at ensuring questions are comprehensible and appropriately pitched for the child's level of understanding do not, without more, constitute unfairness amounting to a miscarriage of justice.
The full text is available to signed-in members.