Evidence

Question 1

Evidence Act 2006

Section 44 - Evidence of sexual experience of complainants in sexual cases

Answer 1

(1) In a sexual case, no evidence can be given and no questions can be put to a witness relating directly or indirectly to the sexual experience of the complainant with any person other than the defendant, except with the permission of the Judge.
(2) In a sexual case, no evidence can be given and no questions can be out to the witness that relates directly or indirectly to the reputation of the complainant’s sexual matters.
(3) In an application for permission under subsection 1, the judge must not grant permission unless satisfied that the evidence or question is of such direct relevance to the 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.
(4) The permission of the judge is not required to rebut or contradict evidence given under subsection 1.
(5) 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 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.
(6) 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.

Question 2

Evidence Act 2006

Section 87 - Privacy as to witness’s precise address

Answer 2

(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 the 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.

Question 3

Specialist support improves outcomes KP3

Answer 3

• Greatly improves outcomes including the victim’s ability to give clear evidence, to stay engaged with investigative and criminal justice processes and to be seen as credible in court
• Can have a major effect on how quickly the victim recovers
• Will assist in the prevention of re-victimization and the prevention/minimisation of both short and long term adverse psychological responses.

Question 4

Preliminary interviews KP4 purpose of

Answer 4

To gain a better understanding of what has occurred and to establish:

• Brief outline of facts
• Victim safety
• Public Safety
• Urgent investigation needs, considering the potential for loss of evidence, medical circumstances, suspects likely actions.