EVIDENCE

Question 1

S8 Evidence Regulations 2007

Answer 1

a) Date and time for start
b) each person to be introduced by name.
c) Person over 12 years promise to tell the truth
d) Person under 12 interviewer to inform the witness of importance of telling the truth. Then make the promise to tell the truth
e) Interpreter to be present.
f) Entire interview
g) accurate means time in hours, mins and seconds
h) state when it finishes
X 8 THINGS

Question 2

S17 Evidence Regulations 2007

Answer 2

HOW MASTER COPY IDENTIFIED AND STORED

1) sealed with a certificate in schedule form and placed in safe custody of police
2) Police must keep a record of the chain of custody and who dealt with it.

Question 3

S31 Evidence Regulations 2007

Answer 3

CUSTODY OF THE LAWYERS COPY

1) A lawyer who has a copy supplied to him must place in safe custody.
2) A lawyers copy must return it to Police as soon as practicable after proceeding.

Question 4

S103 Evidence Act 2006

Answer 4

APPLICATION FOR EVIDENCE TO BE GIVEN IN A DIFFERENT WAY

FLINT A RO

FEAR
LANGUAGE/CULTURE 
INTIMIDATION 
NATURE OF EVIDENCE 
TRUMA

AGE/MATURITY

RELATIONSHIP TO OFFENDER
OTHER ISSUES

Question 5

S104 Evidence Act 2006

Answer 5

Chamber hearings before direction for alternative ways of giving evidence.

• Must give each person an opportunity to be heard.
• May call for a report which is what we provide with the application.

Question 6

S105 Evidence Act 2006

Answer 6

WAYS OF GIVING EVIDENCE

SARO

SCREEN
AVL in building, NZ or international
RECORDING
OTHER MEANS

Judge Must give direction on how the evidence is to be cross examined

Question 7

Name steps that should be taken to prepare a witness for giving evidence?

Answer 7

• opportunity to view or read statement.
• meet prosecutor prior
• shown Court room
• given a booklet of being a witness in Court.

Question 8

S107 Evidence Act 2006

Answer 8

Once charges have been filed and police wish to present the Witness statement in Court there must be an application for this. It is also essential that all noticeable non verbal communication is accurate.

Question 9

S28 Evidence Regulations 2007

Answer 9

The prosecutor must ensure that the defendants lawyer must be given a typed transcript of the video recording to be used in proceedings as soon a practical after the defendant has plead not guilty.

Question 10

Explain provisions of section 44 Evidence Act 2006

Answer 10

1) Sexual Experience
2) Reputation
3) Judge must not grant permission unless directly linked
4) Permission to rebut is not required if given under 1 and 2.
5) If complaint is charged as a party to they cannot be convicted unless the another person can to be have shown that another person committed the offence.

Question 11

What provision of section 87 Evidence Act 2006?

Answer 11

protects a witness from having to state their address and having questions put to them pertaining to their address. (Judge may override)

Question 12

What provision of section 88 Evidence Act 2006?

Answer 12

Protection of the complaints occupation in sexual cases. (Judge may override)

Question 13

What provision of section 121 Evidence Act 2006?

Answer 13

There is no requirement for the complaints evidence to corroborate apart from bad character ie - false oath, treason, false statement, furthermore it is not necessary for the Judge to warn the jury that it is dangerous to act on uncorroborated evidence.