Evidence Flashcards

1
Q

S44 - Evidence of sexual experience of complainants in sexual cases

A

In a sexual case, no evidence can be given and no question can be put to a witness relating

  1. To the sexual experience of the complainant with any person other than the defendant, except with the permission of the Judge.
  2. To the reputation of the complainant in sexual matters
  3. The Judge must not grant permission unless satisfied that the evidence or question is of such direct relevance to facts in issue in the proceeding
  4. The permission of the Judge is not required to rebut or contradict evidence given under subsection
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Privacy as to witness’s precise address - Legislation

A

Section 87 - Evidence Act 2006

In any proceeding, the precise particulars of a witness’s address (for example, details of the street and number) may not 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.
- without the permission of the Judge,

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Complainant’s occupation

A

Section 88 (Restriction on disclosure of complainant’s occupation in sexual cases) of the Evidence Act 2006 protects a complainant from having questions put to them or to a witness about the complainant’s occupation,

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Corroborative evidence - Legislation

A

Evidence Act 2006 s121 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
(b) false oaths
(c) false statements or declarations
(d) treason

The judge is not required to warn the jury the evidence is uncorroborated

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Previous consistent statements rule

A

Section 35 - Previous consisitent statements are not generally admissible in a proceeding unless they are used in response to a challenge to that witnesses

Veracity or accuracy, the challenge must be based on:

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

(If a rape complainant’s veracity is challenged, then a previous statement from another witness is admissible to respond to the challenge).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

4 Advantages of visually recording evidence

A
  • greater quality and quantity 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.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

When a specialist interviewer is not available..

A

In exceptional circumstances, if a specialist interviewer is not available, an NCO can authorise a suitably competent investigator to conduct and visually record the interview. Preference should be given to those trained in Investigative Interviewing Level 2

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q
A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly