Evidence

Question 1

Section 44 of the Evidence Act 2006

Answer 1

covers evidence of sexual experience of complainants in sexual cases

generally no evidence or questions can be put the the complainant about their sexual experience with any person other than the defendant

(however is subject to the propensity rule - evidence of the complainants propensity to act in a certain way can be offered if the judge grants permission)

Question 2

Section 87 of the Evidence Act 2006

Answer 2

complainants address.

protects a witness from having to state their address and having questions put to them about that information.

these details may only be disclosed if are directly relevant to the facts in issues and excluding them would be contrary to the interest of justice.

Question 3

Section 88 of the Evidence Act 2006

Answer 3

Complainants occupation

protects a complainant from having questions put to them or to a witness about the complainants occupation

Question 4

Section 121 of the Evidence Act 2006

Answer 4

Corroboration

It is not necessary in a criminal proceedings for the evidence on which the prosecution relies upon to be corroborates (except with respect to the offences of perjury, false oath, false statements, treason)

Question 5

Admissibility of previous consistent statements

Answer 5

Section 35 of the Evidence Act 2006.

35(2): makes a previous consistent statement admissible to the extent that if it is necessary to respond to a challenge to the witnesses veracity or accuracy, the challenge must be based upon:

• a previous inconsistent statement of the witness
• a claim that the witness recently invented evidence.

Question 6

Veracity definition

Answer 6

“the disposition of a person to refrain from lying, whether generally or in the proceeding”

Question 7

Previous consistent statement admissibility summary

Answer 7

• once admitted, is admissible to prove “anything that is of consequence”
• will only really be admissible as rebuttal evidence

Question 8

What offences should L3 interviews be used?

Answer 8

• major offences
• homicides
• kidnapping
• sexual and serious assaults

Question 9

What are the advantages of visually recording evidence?

Answer 9

• greater quantity and quality of information obtained
• minimising trauma to the witness by simplifying the process and having their interview played as their evidence in chief
• 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.