ASA Procedures

Question 1

Section 44 of the Evidence act details the evidence of experience of complainants in sex cases

These include …(2)

Answer 1

(1) no evidence can be given relating to their sexual experience (unless with judges permission)

(2) no evidence can be given and no question can be put to a witness that relates to their reputation

Question 2

Generally, no evidence or questions can be put to the complainant about their sexual experience with any person other than the defendant.

However this is subject to…

Answer 2

The propensity rule

Ie evidence of the complainants propensity to act in a certain way with the defendant, including sexually, may be offered as evidence if the judge grants permission

Question 3

s121 ‘Corroboration’

states that in any criminal proceeding, the complainant’s evidence ________ have to be corroborated.

Answer 3

Does not

This is especially important in sexual cases where there often isn’t a direct witness

Question 4

Why are previous consistent statements important

Answer 4

They can be used as Rebuttal Evidence if the complainant’s veracity is challenged

Question 5

What are 4 advantages of using visually recorded evidence?

Answer 5

1. Greater quality and quantity of information
2. Minimising trauma to the witness by simplifying process- ie their video is played as their evidence in chief
3. Reducing contamination by the interviewer when transposing
4. Providing valuable means for witness to refresh memory

Question 6

For child complainants, evidence will normally be given via video unless in exceptional circumstances

What are the 3 advantages of using videos for child evidence

Answer 6

1. The interview process is focussed on the child and allows them to state clearly and freely what’s happened
2. The recorded interview can be used for the investigation, prosecution, and C&P purposes
3. Avoids the need to reinterview the child for different purposes

Question 7

Under reg28 of the evidence regulations 2007 Police must ensure that a typed transcript of a video record used in proceedings is given to the defence as soon as practicable after…

Answer 7

The defendant has entered a NG plea

Question 8

List some of the grounds for applying for a witness to give evidence in an alternative way

Answer 8

-Age/maturity of witness
-Physical/intellectual/psychiatric impairment of the witness
- the trauma suffered
- the fear of intimidation
- the linguistic/cultural/religious beliefs
- nature of proceeding
- nature of evidence
- relationship of the witness to a party in the proceeding
- absence of the witness from NZ
- any other ground likely to promote the purpose of the act…

Question 9

List the 3 alternative ways under section 105 that a witness can give evidence

Answer 9

• while in the courtroom but unable to see the defendant (screens)
• from an appropriate place outside the courtroom (CCTV)
• by a video record made prior (video recording)

Question 10

Success in investigation sexual assault required careful balance of what two priorities?

Answer 10

Undertaking the investigation as quickly as possible

Meeting the complainant’s physical and emotional needs

Question 11

List some ways to provide a safe a secure environment for SA victims?

Answer 11

CALMTEA

Conduct your dealings in a sensitive matter

Accept they’re telling the truth until there is evidence to the contrary

Listen to what they tell you, give them an opportunity to simply vent too

Est any requirement for medical attention

Treat courteously

Explain the process you’re following and why

Advise them of local counselling services

Question 12

What are the 12 key process points in ASA investigations ?

Answer 12

1. Initial actions on contact (very brief complainant details etc)
2. Case referral (enter into NIA asap)
3. Provide specialist support
4. Prelim interview
5. Info feedback
6. Medical exam
7. Formal interview
8. Investigation and evidence assessment
9. Resolution options
10. Prosecution
11. Final actions/record keeping
12. Prevention opportunities

Question 13

What are the 12 key process points in ASA investigations ?

Answer 13

1. Initial actions on contact (very brief complainant details etc)
2. Case referral (enter into NIA asap)
3. Provide specialist support
4. Prelim interview
5. Info feedback
6. Medical exam
7. Formal interview
8. Investigation and evidence assessment
9. Resolution options
10. Prosecution

Question 14

What are 4 things a victim should not do before a medical

Answer 14

No eating or drinking
No toileting (or capture urine and don’t wipe)
No washing/showering
No washing hands/biting fingernails

Question 15

What are some key points to remember when explaining a forensic medical to a victim?

Answer 15

It’ll be done by a forensic medical practitioner who is trained in victims of sexual assault

Potential to benefit their sexual/physical/mental health

Can help police to obtain evidence

Explain the time for the exam and possible outcomes etc

Question 16

List 3 areas to consider when determining “seriousness of physical abuse” in children

Answer 16

The action of the abuse
The injuries
The circumstances

Question 17

List the 5 responsibilities of police re victim’s rights

Answer 17

-all victim contact recorded
- victims must be given info about progress of investigation within 21 days
- must be kept updated and informed of outcome
- as soon as arrest made, identify s29 and if so inform of rights as per VNR
- must be informed of outcome/case closure reasons and property returned promptly

Question 18

Define child abuse

Answer 18

The harming (whether physically, emotionally, or sexually), ill treatment, abuse, or neglect or deprivation of any child or YP

Question 19

Define the term: “child centred timeframes”

Answer 19

Timeframes that are relevant for the child’s age. The younger the child the more vulnerable and the quicker the response required