Obtaining the best evidence from children and witnesses with cognitive impairments - 'plus ça change' or prospects new?

The purpose of this article is to examine some apparent lacunae in the current legal landscape for ovtaining the best evidence from children and witnesses with cognitive impairments. The most critical and intractable problems facing these witnesses in testifying are comprehension and communication. The article considers whether particular measures that have been implemented elsewhere to improve the questioning of these witnesses and to enhance the prospect of obtaining reliable evidence from them might be available in those Australian jurisdictions that are yet to legislate specifcally for them without the necessity for further statutory reform.