Evidence Flashcards
S88 Evidence Act 2006
Complainants Occupation:
S88 - Protects a complainant from having questions put to them or to a witness about complainant’s occupation OR having evidence given, or statements/remarks made about the complainant’s occupation.
HOWEVER - application can be made to the Judge to disclose this information.
S87 Evidence Act 2006
Complainants Address:
S87 - Protects a witness from having to state their address and having questions put to them about that information. Includes name, number of street but also name of town or community the witness lived in.
HOWEVER - details maybe disclosed where Judge determines they are directly relevant to the facts in issues and that to exclude them would be contrary to the interest of justice.
S121 Evidence Act 2006 - Corroborative Evidence
The complainant’s evidence does not have to be corroborated.
This is especially important in cases of sexual nature, where the offence is often committed with no independent evidence to corroborate the complainant’s account.
Standard procedure of giving oral evidence – S97 Criminal Procedure Act 2011
Allows under special circumstances on application for the Court to agree to hear oral evidence.
IF granted, then the complainant of sexual offences will have protection surrounding who can be present and what can be asked.
S97 Criminal Procedure Act 2011 - Oral Evidence
Evidence made before:
- District Court Judge OR
- A Registrar of the District Court OR
- 1 or more Justices OR
- 1 or more Community Magistrates OR
- A High Court Judge OR
- A Registrar of the High Court
S35 Evidence Act 2006 - Previous Consistent Statements Rule
A previous statement of a witness that is consistent with their evidence is not admissible unless:
- It responds to a challenge that will be or has been made to the witness’s veracity or accuracy, based on a previous inconsistent statement, or claim of invention by the witness.
- It forms an integral part of the events before the court.
- It consists of the mere fact that a complaint has been made in a criminal case.
In short – Previous consistent statements will really only be admissible as rebuttal evidence.
S44 Evidence Act 2006 - Evidence of Sexual Experience of Complainants Cases
Unless Judge gives permission, no such evidence to be given or questions to be put to witness, except to establish:
- Mere fact of complainant’s sexual experience with defendant and/or
- Act or omission that is one of the elements of the offence
Judge must be satisfied that evidence or question is of such direct relevance to facts in issue or of appropriate sentence, that to exclude it would be contrary to the interests of justice.
Permission of judge NOT required to rebut / contradict permitted evidence
In short – Sexual experience not to be mentioned unless directly relevant & necessary.
Recorded Interviews
- Minimise stress/trauma for complainant
- Ensure accurate account
- Reduce contamination
- Provide greater quality and quantity of info
- Enable witness to refresh memory
Level 3 Specialist Interviewer
Serious Offences:
- Homicides
- Sexual and Serious Assaults
- Aggravated Robberies with Firearms
- Kidnapping and Abduction
Specialists use enhanced cognitive interview techniques to maximse the quality and quantity of information obtained from co-operative witnesses.
Level 3 Specialist Interviewer - Not available
NCO can authorize suitably competent investigator to conduct the interview.
Child Complainants
Evidence from child complainant will normally be given by way of video record (if available) unless there are exceptional circumstances.
Meets child’s needs because:
- Allows them to state clearly and freely what has happened
- Can be used for basis of investigation and prosecution
- Avoids need to reinterview.
What is CPP?
Report of concern – safety and well-being is first and paramount consideration. Inter-agency approach necessary to ensure protection, accountability, and to enhance reintegration.
