Can a JIRT interview be challenged by the defence?

Yes. If the interview contains leading questions, repeated coaching, or improper conduct, the defence may ask the court to exclude parts of the video.

Do child witnesses have to come to court?

Usually not. If their JIRT interview is used, children rarely need to appear. If required, they often give evidence via CCTV from another room.

How are child sexual assault cases sentenced?

Sentences can include prison, especially where trust was breached. Courts no longer reduce sentences for offenders with good character if that character helped them commit the crime.

How Child Sexual Assault Cases Are Handled in Court – What You Need to Know

Q: Can children legally give evidence in court?

Yes. Children are presumed to be competent to give evidence if they can understand questions and respond clearly. If not, they may give unsworn evidence with guidance from the court.

Q: What is a JIRT interview?

A JIRT interview is a video-recorded statement made by a child to police and child protection officers. It is often played in court instead of having the child testify in person.

14 May 2025

Greenfield Lawyers

Uncategorized

How Child Sexual Assault Cases Are Handled in Court – What You Need to Know

Understanding How Child Witnesses Give Evidence and the Role of JIRT Interviews in NSW

If you or someone you care about is facing a charge involving a child complainant, you’re likely overwhelmed, anxious, and unsure what to expect next. These cases are among the most serious in the legal system. At Greenfield Lawyers, we aim to demystify the legal process and ensure our clients are well-informed and well-defended.

1. Can Children Legally Give Evidence in Court?

Yes. The law in NSW assumes that all people, including children, are capable of giving evidence in court. This is called being “competent” to give evidence.

However, the court will look at two things:

Can the child understand the questions?
Can the child give understandable answers?

If the child struggles with either, they may give unsworn evidence (without an oath), provided the court explains the importance of truth and basic rules about answering questions honestly.

2. What Is a JIRT Interview and How Is It Used in Court?

JIRT stands for Joint Investigative Response Team. These are recorded interviews conducted with children by police and child protection workers.

JIRT interviews are often played in court as the child’s main evidence. This prevents them from having to retell the story in person, which can be traumatic.

3. Can the Defence Challenge the JIRT Video?

Yes. Defence lawyers can challenge parts of the JIRT video if it includes:

Leading questions
Signs of coaching or repeated viewings
Gestures or prompts from the interviewer

These challenges may result in parts of the video being excluded from evidence.

4. Do Children Have to Come to Court?

Usually not. If the JIRT video is used, children rarely need to appear in court. If they do, they often give evidence via closed-circuit TV (CCTV) from a separate room to reduce distress.

5. How Are These Cases Sentenced?

NSW courts treat these offences seriously. Sentencing may involve jail, especially if:

The accused was in a position of trust
The offence happened in the child’s home
The accused used their reputation or relationship to access the child

The law now says that being of “good character” can’t reduce a sentence if that character helped the person gain access to the child.

6. What If the Incident Happened Years Ago?

In historical cases, courts will look at sentencing standards at the time of the offence, not today. However, they will still apply today’s principles of fairness and justice when deciding the penalty.

Why Legal Representation Matters

Child sexual assault allegations require experienced, skilled representation. At Greenfield Lawyers, we provide trusted legal advice, challenge flawed evidence, and fight for a fair outcome.