Child Complainants

Question 1

Video/DVD record of child complainant

Answer 1

Would normally be admissible in criminal proceedings as long as it is conducted in accordance with the provisions of the Evidence Regulations 2007.

Question 2

** EXAM ** - What are the reasons a Video/DVD recording of child interview is the best way to meet child’s needs and interests and interests of justice?

Answer 2

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

Question 3

What does the Evidence Regulations 2007 cover?

Answer 3

The rules surrounding the electronic recording of the interview of a complainant or witness.

Question 4

Regulation 8 - Evidence Regulation 2007 - What must be on a video record?

Answer 4

• date and time of interview
• each person identifying themselves
• if over 12 - promise to tell the truth
• if under 12 - importance of telling truth and no lies
• if break state fact of break, estimated duration and reason of break
• time when interview ends

Question 5

Regulation 17 - Evidence Regulation 2007 - How master copies are ID and kept

Answer 5

• sealed with certificate
• placed in safe custody of Police
• record kept by Police of date received in safe custody
• particulars and reason of who dealt with master copy from that date

Question 6

Regulation 18 - Evidence Regulation 2007 - how working copies are ID and kept

Answer 6

• ID as working copy by copy of certificate
• placed in safe custody with police
• record kept with working copy of everyone who views or has custody
• date when person viewed and duration of custody

Question 7

Regulation 30 - Evidence Regulation 2007 - lawyers copy

Answer 7

• police must make a copy of the working copy and supply to defendants lawyer and/or crown lawyer
• copy must be certified

Question 8

Regulation 31 - Evidence Regulation 2007 - custody of lawyers copy

Answer 8

A lawyer supplied with lawyers copy must:

• place in safe custody
• return it to police as soon as practicable after criminal proceedings

Nothing prevents lawyer from returning lawyers copy to police earlier.

Question 9

Section 103 - Evidence Act 2006 - alternate ways of giving evidence

Answer 9

In any proceeding, the Judge may, either on the application of a party or on the Judge’s own initiative, direct that a witness is to give evidence in chief and be cross-examined in the ordinary way or in an alternative way as provided in section 105.

Question 10

What grounds may allow the witness to give evidence in an alternative way?

Answer 10

Section 103 (3) - Evidence Act 2006

• age or maturity
• trauma suffered
• fear of intimidation
• nature of the proceeding

Question 11

** EXAM ** - Section 104 - Evidence Act 2006 - what must the judge do before giving direction about the way the witness is to give evidence in chief?

Answer 11

• must give each party an opportunity to be heard in chambers; and
• may call for a report, on the effect on the witness giving evidence in the ordinary way or any alternative way.

Question 12

** EXAM ** - Section 105 - Evidence Act 2006 - Alternative ways of giving evidence

Answer 12

• while in the courtroom but unable to see the defendant or some other specified person; or
• from an appropriate place outside the courtroom, either in New Zealand or elsewhere; or
• by a video record made before the hearing of the proceeding.

Question 13

** EXAM ** - Section 107 - Evidence Act 2006 - alternative ways of giving evidence for child witnesses

Answer 13

• by a video record made before the hearing of the proceeding
• while in the courtroom but unable to see the defendant or some other specified person
• from an appropriate place outside the courtroom, either in New Zealand or elsewhere

Question 14

Applying to court for authority to use video/DVD evidence

Answer 14

Once charges are laid and as early as possible before the trial, Police must apply to the courts under section 107 for evidence to be admitted by that method.

Question 15

Transcripts of video/DVD records

Answer 15

O/C case is responsible to ensure:

• transcript is prepared
• includes noticeable non-verbal communication
• is accurate
• checked by SCWI for accuracy and acknowledged in their brief of evidence

Question 16

Regulation 28 - Evidence Regulations 2007 - prosecutor to give transcript to defence

Answer 16

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.