Evidence Act Flashcards
Section 35, Evidence Act 2006 - Previous Consistent Statements Rule
Previous statement of a witness, that is consistent of evidence, is admissible if:
- to respond to witnesses veracity/ accuracy/ challenges, based on previous inconsistencies or claims of intervention
- Circumstances provide reasonable assurance statement is reliable and statement provides information witness is unable to recall
Once admitted, a previous consistent statement is admissible to prove ‘anything that is of a consequence’ and will be admissible as evidence of its truths well as of the fact that it was made.
- Section 44, Evidence Act 2006 - Questioning Complainants Sexual Experience *
(1) In a sexual case - No evidence can be given or 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 judge’s permission.
(2) In a sexual case - No evidence can be given or questions can be put to a witness relating directly or indirectly to the reputation of the complainant in sexual matters.
(3) In relation to permission under subsection 1, Judge can only grant permission if evidence/question is direct relevance to the facts/sentence and to exclude it would be contrary to the interests of justice.
- Section 87, Evidence Act 2006 - Witnesses Addresses *
Privacy to Witnesses Precise Address. Includes name and number of the street as well as community or town lived in. Judge may not grant permission to include unless satisfied that the question or evidence or statement/remark is sufficient or of direct relevance to the facts and to exclude it would be contrary to the interests of justice.
Section 88, Evidence Act 2006 - Witnesses Occupation
Restriction of complainants occupation. Judge may not grant permission to include unless satisfied that the question or evidence or statement/remark is sufficient or of direct relevance to the facts and to exclude it would be contrary to the interests of justice.
Section 103(3), Evidence Act 2006 - Reasons for Giving Evidence Alternatively
A direction for a witness to give evidence in an alternative way, may be made on the grounds of:
- the age or maturity of the witness
- The physical, intellectual, psychological, or psychiatric impairment of the witness
- The trauma suffered by the witness
- The witnesses fear of intimidation
- The linguistic or cultural background, religious beliefs of the witness
- Nature of the proceeding
- Nature of evidence that the witness is expected to give
- The relationship of the witness to any party of the proceeding
- The absence or likely absence of the witness from New Zealand
- Any other ground likely to promote the purpose of the Act.
Section 105, Evidence Act 2006 - Different Options for Giving Evidence Alternatively
A witness may give evidence in alternative places/ways:
- While in the courtroom but unable to be seen by the defendant from some other specified person (Screens),
- From an appropriate outside place (CCTV)
- By video record made before the hearing of the proceeding (DVD)
Advantages of Visually Recording Evidence
- 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
- Regulation 28, Evidence Regulation Act 2007 - Transcripts *
Prosecutor to give transcript to defence before preliminary hearing or defended summary hearing:
- The prosecutor must ensure a typed transcript of a working copy is given to the defendant or the defendants lawyer - if there is to be a preliminary hearing, at least 7 days before the date on which a video record is given in evidence at a preliminary hearing.
