Evidence Flashcards
Evidence Act 2006 - S44
Evidence of sexual experience or sexual disposition of complainants in sexual cases
(1)
In a sexual case, unless a Judge gives permission (on an application made under this subsection and in accordance with section 44A), no evidence can be given and no question can be put to a witness that relates directly or indirectly to—
(a)
the sexual experience of the complainant with the defendant (except to establish 1 or both of the following:
(i)
the mere fact that the complainant has sexual experience with the defendant:
(ii)
an act or omission that is one of the elements of the offence for which the defendant is being tried, or that is the cause of action in the civil proceeding in question):
(b)
the sexual experience of the complainant with any person other than the defendant:
(c)
the sexual disposition of the complainant.
(2)
The Judge must not grant permission under subsection (1) to bring the evidence or ask the question unless satisfied that the evidence or question is of such direct relevance to facts in issue in the proceeding, or the issue of the appropriate sentence, that it would be contrary to the interests of justice to exclude it.
(3)
The permission of the Judge is not required to rebut or contradict evidence permitted to be given under this section.
(4)
In a sexual case in which the defendant is charged as a party and cannot be convicted unless it is shown that another person committed a sexual offence against the complainant, subsection (1)(b) does not apply to any evidence given, or any question put, that relates directly or indirectly to the sexual experience of the complainant with that other person.
(5)
This section does not authorise evidence to be given or any question to be put that could not be given or put apart from this section.
(6)
In this section and sections 40(3)(b), 44AA, and 44A, complainant, in a civil proceeding that involves issues in dispute of a sexual nature, means the party, or a witness for the party, who seeks to establish a cause of action or, as the case requires, a defence in the civil proceeding.
Evidence Act 2006 - section 87
Privacy as to witness’s precise address
(1)
In any proceeding, the precise particulars of a witness’s address (for example, details of the street and number) may not, without the permission of the Judge, be—
(a)
the subject of any question to a witness or included in any evidence given; or
(b)
included in any statement or remark made by a witness, lawyer, officer of the court, or any other person.
(2)
The Judge must not grant permission under subsection (1) unless satisfied that the question to be put, the evidence to be given, or the statement or remark to be made, is of sufficient direct relevance to the facts in issue that to exclude it would be contrary to the interests of justice.
(3)
An application for permission under subsection (1) may be made before or after the commencement of any hearing, and is, where practicable, to be made and dealt with in chambers.
(4)
Nothing in subsection (1) applies in a criminal proceeding if it is necessary to disclose the particulars in the charge in order to ensure that the defendant is fully and fairly informed of the charge.
Evidence Act 2006 - S88
88 Restriction on disclosure of complainant’s occupation in sexual cases
(1)
In a sexual case, except with the permission of the Judge,—
(a)
no question may be put to the complainant or any other witness, and no evidence may be given, concerning the complainant’s occupation; and
(b)
no statement or remark may be made in court by a witness, lawyer, officer of the court, or any other person involved in the proceeding concerning the complainant’s occupation.
(2)
The Judge must not grant permission under subsection (1) unless satisfied that the question to be put, the evidence to be given, or the statement or remark to be made, is of sufficient direct relevance to the facts in issue that to exclude it would be contrary to the interests of justice.
(3)
An application for permission under subsection (1) may be made before or after the commencement of any hearing, and is, where practicable, to be made and dealt with in chambers.
Evidence Act 2006 - S121
121 Corroboration
(1)
It is not necessary in a criminal proceeding for the evidence on which the prosecution relies to be corroborated, except with respect to the offences of—
(a)
perjury (section 108 of the Crimes Act 1961); and
(b)
false oaths (section 110 of the Crimes Act 1961); and
(c)
false statements or declarations (section 111 of the Crimes Act 1961); and
(d)
treason (section 73 of the Crimes Act 1961).
(2)
Subject to subsection (1) and section 122, if in a criminal proceeding there is a jury, it is not necessary for the Judge to—
(a)
warn the jury that it is dangerous to act on uncorroborated evidence or to give a warning to the same or similar effect; or
(b)
give a direction relating to the absence of corroboration.
Evidence Act 2006 - S35
35 Previous consistent statements rule
(1)
A previous statement of a witness that is consistent with the witness’s evidence is not admissible unless subsection (2) applies to the statement.
(2)
A previous statement of a witness that is consistent with the witness’s evidence is admissible if the statement—
(a)
responds to a challenge that will be or has been made to the witness’s veracity or accuracy, based on a previous inconsistent statement of the witness or on a claim of invention on the part of the witness; or
(b)
forms an integral part of the events before the court; or
(c)
consists of the mere fact that a complaint has been made in a criminal case.
Evidence Regulations 2007 - Reg 8
8 What must be on video record
A video record of an interview must show the following:
(a)
the interviewer stating the date and time at which the interview starts; and
(b)
each person present identifying himself or herself; and
(c)
subject to any contrary direction by a Judge, in the case of a witness who is of or over the age of 12 years, that person making a promise to tell the truth (in any form, provided the overall effect is a promise to tell the truth); and
(d)
in the case of a witness who is under the age of 12 years,—
(i)
the interviewer informing the witness of the importance of telling the truth and not telling lies; and
(ii)
subject to any contrary direction by a Judge, the witness making a promise to tell the truth (in any form, provided the overall effect is a promise to tell the truth); and
(e)
any interpreter present promising to accurately and completely translate the words of the witness; and
(f)
the entire interview; and
(g)
an accurate means for measuring and recording time in hours, minutes, and seconds; and
(h)
the interviewer stating the time at which the interview finishes; and
(i)
if any of regulations 9 to 12 apply, the matters required by those regulations.
Evidence Regulations 2007 - Reg 17
17 How master copy identified and kept
(1)
A master copy must be—
(a)
sealed with a certificate in the form set out in the Schedule; and
(b)
placed in safe custody with the Police.
(2)
The Police must keep a record of—
(a)
the date on which the master copy was received into safe custody; and
(b)
the particulars of—
(i)
who has dealt with the master copy from that date; and
(ii)
the reasons for dealing with it.
Evidence Regulations 2007 - Reg 31
Custody of lawyer’s copy
(1)
A lawyer who has a lawyer’s copy supplied to him or her under regulation 30 must place it in safe custody.
(2)
A lawyer who has a lawyer’s copy must return it to the Police as soon as practicable after the criminal proceeding to which it relates is finally determined or discontinued.
(3)
Nothing in subclause (2) prevents a lawyer from returning a lawyer’s copy to the Police at any earlier time.
Evidence Act 2006 - S103, 104, 105
-103 Directions about alternative ways of giving evidence
-104 Chambers hearing before directions for alternative ways of giving evidence
-105 Alternative ways of giving evidence
Evidence Act 2006 - 107
Alternative ways of giving evidence by child witnesses in criminal proceedings
Evidence Regulation Act - S28
Police must ensure typed transcript of video record is given to defendant or defendants lawyer as soon as practicable after not guilty plea
