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CIB 007 - Sexual Offences > Evidence > Flashcards

Flashcards in Evidence Deck (12)
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1

Evidence of sexual experience of complainants in sexual cases

S44 Evidence Act 2006

(1) In a sexual case, no evidence can be given and no question can be put to a witness relating directly or indirectly to the sexual experience of the complainant with any person other than the defendant, except with the permission of the Judge.

(2) In a sexual case, no evidence can be given and no question can be put to a witness that relates directly or indirectly to the reputation of the complainant in sexual matters.

2

Privacy as to Witnesses Precise Address

S87 Evidence Act 2006

(1) In any proceeding, the precise particulars of a witness's address (for example, details of the street and number) may not, without the permission of the Judge, be—

(a) the subject of any question to a witness or included in any evidence given; or

(b) included in any statement or remark made by a witness, lawyer, officer of the court, or any other person.

3

Restriction on Disclosure of Complainants Occupation in Sexual Cases

S88 Evidence Act 2006

(1) In a sexual case, except with the permission of the Judge,—

(a) no question may be put to the complainant or any other witness, and no evidence may be given, concerning the complainant's occupation; and

(b) no statement or remark may be made in court by a witness, lawyer, officer of the court, or any other person involved in the proceeding concerning the complainant's occupation.

4

Corroboration

S121 Evidence Act 2006

(1) It is not necessary in a criminal proceeding for the evidence on which the prosecution relies to be corroborated, except with respect to the offences of—
(a) perjury (section 108 of the Crimes Act 1961); and
(b) false oaths (section 110 of the Crimes Act 1961); and
(c) false statements or declarations (section 111 of the Crimes Act 1961); and
(d) treason (section 73 of the Crimes Act 1961).

(2) Subject to subsection (1) and section 122, if in a criminal proceeding there is a jury, it is not necessary for the Judge to—
(a) warn the jury that it is dangerous to act on uncorroborated evidence or to give a warning to the same or similar effect; or
(b) give a direction relating to the absence of corroboration.

5

Standard Committal Procedure

The standard committal procedure allows under special circumstances on application for the court to agree to hear oral evidence. If this is granted then the complainant of sexual offences will have protection surrounding who can be present and what can be asked.

6

Previous Consistent Statement Rule

S35 Evidence Act 2006

(1) A previous statement of a witness that is consistent with the witness's evidence is not admissible unless subsection (2) or subsection (3) applies to the statement.

(2) A previous statement of a witness that is consistent with the witness's evidence is admissible to the extent that the statement is necessary to respond to a challenge to the witness's veracity or accuracy, based on a previous inconsistent statement of the witness or on a claim of recent invention on the part of the witness.

(3) A previous statement of a witness that is consistent with the witness's evidence is admissible if—
(a) the circumstances relating to the statement provide reasonable assurance that the statement is reliable; and
(b) the statement provides the court with information that the witness is unable to recall.

7

Advantages of Visually Recorded Interviews

• greater quality and quantity of information obtained
• reducing contamination by the interviewer through the process of transposing the interview into a statement

• providing a valuable means for the witness to refresh their memory
before judicial proceedings
• minimising trauma to the witness by simplifying the process and having their interview played as their evidence in chief

8

Why does DVD recording of a child interview meet the child's needs

• the interview process is focused on the child and allows them to state
clearly and freely what (if anything) has happened according to the rules
of evidence
• the recorded interview can be used for the basis of an investigation,
subsequent criminal prosecution and/or care and protection purposes
• it avoids the need to re-interview the child for different purposes.

9

Grounds for a witness to give evidence in an alternative way

S103(3) Evidence Act 2006

A direction under subsection (1) that a witness is to give evidence in an alternative way, may be made on the grounds of—

(a) The age or maturity of the witness
(b) The physical, intellectual, psychological, or psychiatric impairment of the witness

(c) The trauma suffered by the witness
(d) The witness’s fear of intimidation

(f) The nature of the proceeding
(g) The nature of the evidence that the witness is expected to give

(e) The linguistic or cultural background or religious beliefs of the witness
(h) The relationship of the witness to any party to the proceeding

(i) The absence or likely absence of the witness from New Zealand
(j) Any other ground likely to promote the purpose of the Act.

10

Prosecutor to give transcript to defence after not guilty plea

Reg 28 Evidence Regulations 2007

(1) The prosecutor must ensure a typed transcript of a working copy is given to the defendant or the defendant’s lawyer as soon as practicable after the defendant has pleaded not guilty.

(2) The typed transcript is to be prepared by the police.

(3) The Court may adjourn the hearing to allow further time for the defendant to consider the transcript if satisfied that subclause (1) has not been complied with.

11

Ways a witness may give evidence

S105 Evidence Act 2006

(i) while in the courtroom but unable to see the defendant or some other specified person; (screens) or
(ii) from an appropriate place outside the courtroom, either in New Zealand or elsewhere; (CCTV) or
(iii) by a video record made before the hearing of the proceeding. (video recording)

12

Applying to court for authority to use video/dvd evidence

S107 Evidence Act 2006

Once charges are filed and Police wish to present the complainant’s evidence in chief by an alternative method such as a video/DVD record, Police must apply to the court under s107 of the Evidence Act 2007, for the evidence to be admitted by this method. The applications are normally prepared by the Crown Solicitor.