skip to content

Refine results


Search by

Search by Algolia
Law Handbook banner image

Evidence of vulnerable witnesses

Special arrangements for protection

Under section 13A of the Evidence Act 1929 (SA) there are a range of special arrangements which may be made for the protection of vulnerable witness when giving evidence in criminal proceedings.

For the purposes of accessing these protections, a vulnerable witness includes a witness who is [s 4]:

  • under 16 years of age,
  • cognitively impaired,
  • an alleged victim of an offence to which the proceedings relate where the offence is a serious offence against the person or in any other case where the witness would be specially disadvantaged
  • a witness who has been subject to threats of violence or retribution in connection with the proceedings or has reasonable grounds to fear this, or
  • in the case of serious and organised crime offence, where the person will only consent to being a witness if treated as a vulnerable witness

The court must order special arrangements be made for a vulnerable witness if an application is made and the necessary facilities are readily available and practical and the arrangements can be made without prejudice to any other party [s 13A(1)].

The court may make a wide variety of orders such as that [s 13A(2)]:

  • the evidence be given outside the trial court and transmitted to the trial court by means of CCTV,
  • the evidence be taken outside the trial court and an audio visual record be made and replayed to the trial court,
  • a screen, partition or one way glass be to obscure the view of a party to whom the evidence relates,
  • the defendant be excluded from the place where the evidence is taken,
  • the witness be accompanied by a relative, friend or canine court companion for emotional support
  • a witness with physical disability or cognitive impairment be able to give evidence in a particular way to facilitate the taking of evidence or minimise the witness’s embarrassment or distress
  • extra allowance be made for breaks during, and time given, fo the taking of evidence, and
  • while evidence is being taken the judge and any lawyer present in the court not wear a wig or gown (or both).

There are some limitations and conditions to making of special arrangements set out further in section 13A of the Evidence Act 1929 (SA) [e.g. ss 13A(4)-(5c) and (11)].

In some circumstances an order may also be made for the evidence of a witness to be admitted in the form of an audio visual record, see Evidence through audio visual record below.

Child sexual offences

If an order has been made under section 13A in relation to a witness in the trial of a child sexual offence, the court may also give directions about the manner and duration of questioning, questions that may or may not be put to the witness, allocating questioning topics where there are multiple accused, the use of models, plans, body maps or similar aids to communicate questions and answers, not leading evidence that challenges the witness in cross-examination [s 13A(14)].

Under section 13C, in the case of a vulnerable witness who is the alleged victim of a child sexual offence, the court must order that an audio visual record be made of the witness’s evidence before the court (unless an order has already been made under section 12AB(2)(a) for a pre-trial special hearing or as set out above under 13A(2)(b) [s 13C(1)].

Evidence of vulnerable witnesses  :  Last Revised: Tue May 31st 2022
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.