Juries to learn past crimes of abusers 20200226 p5xm6y.html – Breaking News & Latest Updates 2026
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NSW pursues reform for child abuse victims

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Proposed NSW laws allowing jurors in child abuse trials to hear about the defendant's previous convictions will not prevent judges from shielding prejudicial information from juries, the state's attorney-general says.

NSW Attorney-General Mark Speakman told state parliament this week the bill proposed "arguably the most significant criminal justice reform" in response to the royal commission into child sex abuse.

The royal commission heard about many cases in which evidence of an accused's previous offending was ruled inadmissible due to fears of prejudice.

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The inquiry found the exclusion of this evidence had led to unwarranted acquittals, Mr Speakman told reporters on Wednesday.

The proposed reforms would allow evidence of a NSW defendant's tendency towards sexual interest in children to have "significant probative value".

But he also said the bill would grant judges discretion to insulate jurors in such trials from information they deemed prejudicial.

"A judge has to find before it goes to the jury that probative value outweighs any unfair prejudice to the defendant," Mr Speakman said.

"If it's thought that in some way the evidence is unfair, the judge still has discretion to use (it). But at the moment what we're seeing is repeated exclusion of that evidence and unwarranted acquittals.

"This is making sure that the jury gets all the relevant evidence to consider whether to convict someone for child sexual abuse."

Mr Speakman on Tuesday told parliament the bill wouldn't make all relevant tendency evidence admissible in child abuse cases "as this evidence will not always overcome the legislative bar ... for admissibility".

Similar bills are expected to be introduced federally as well as in Victoria, Tasmania, the ACT and the Northern Territory.

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"We can't undo the horrors of the past but we can make sure that our legal system offers a fairer and more effective response for victims and survivors," Mr Speakman said.

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