Serious matters involving young witnesses

If you are under 18 years old, you are entitled to have at least one support person with you when you give your evidence, whether you give it in the courtroom or the CCTV / AVL room.

If it is in the courtroom, the judge or magistrate will decide where your support person sits. This will usually be near you or where you can see them.

If you are under 16 years old, the following arrangements can also be made:

Non-publication orders: Your name and any other details that identify you cannot, by law, be published or broadcast in the media.

Giving evidence from another room: The court can arrange for you to give your evidence via CCTV / AVL, so you don’t have to be in the same room as the accused.
If you give evidence this way, you will be able to see, hear and speak to the magistrate or judge, and the prosecutor or the defence lawyer from your room. You should not be able to see the accused person – if you can, you or your support person should let the magistrate or judge know. Everyone in the courtroom will be able to see and hear you.

Recorded evidence: If police recorded their interview with you, the court will usually accept this as what is called your ‘evidence-in-chief’ in a hearing or trial. The defence still has the right to ask you questions about your evidence (which is called cross-examining you). This arrangement can be made if you were under 16 years old when police first interviewed you; you can be older at the time you give your evidence.