Abstract
Recent amendments to ss 29(2) (the narrative evidence power) and 41 (the improper questions power) of the Evidence Act 1995 (NSW) have the potential to alleviate the abrasiveness of the adversarial court process for witnesses with intellectual disabilities. However, the application of these provisions is problematic. Curial recognition of vulnerability is necessary before the provisions are employed in court but without appropriate training it is questionable whether judges and magistrates can appreciate the complex difficulties facing witnesses with intellectual disabilities. The provisions also fly in the face of the principles underpinning the adversarial trial, in allowing for a disruption of legal narrative and overturning traditional views about the secondary role of the witness in court. This paper considers the importance of these provisions in assisting vulnerable witnesses in court, while acknowledging the difficulties in application that arise within the adversarial court system.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
