Evidence Act 2006 Flashcards
What is section 44 ?
No evidence can be given and no question came be asked of a witness relating to the sexual experience of the complainant with any person other than the Defendant without permission from the Judge.
Judge can grant permission if it is in direct relevance to the facts in issue.
What is section 87?
Protects witnesses from having to state their address or answer any questions about the address includes town they live in. Judge can grant permission if it is in direct relevance to the facts in issue
What is section 88?
Protects the complainants occupation in sexual case. Application can be made to the Judge to have their information disclosed
What is section S121?
Complaints evidence in a criminal proceeding does not have to be corroborated. Important in sexual cases where the offence is often committed with no independent evidence to corroborate the complainants account
Section97 - Criminal Procedures Act
Under special circumstances on application for the court to agree to hear oral evidence. If granted the complainant to sexual offence will have protection regarding who can be present and whah can be asked
What is section 35 ?
A previous consistent statement is not admissible unless used in response to a challenge or the veracity of it is challenged