Evidence Act 2006 and Evidence Regulations 2007 Flashcards
Section 44 Evidence Act 2006
Covers evidence of sexual experience of complainants
Who’s permission is required to ask a complainant about their sexual experience with any person other than the defendant?
The judge
Section 87 Evidence Act 2006
Privacy as to witness’s precise address
Section 88 Evidence Act 2006
Complainant’s occupation
What does s121 say about corroboration?
The complainants evidence does not have to be corroborated
What is the standard committal procedure?
application for court to agree to hear oral evidence.
Section 35 Evidence Act 2006
Previous consistent statements rule
What are the advantages of visually recording evidence?
- Greater quality and quantity of information obtained
- minimising trauma
- reducing contamination
- valuable means for the witness to refresh their memory
Why does a DVD recording of child interview meet the child’s needs?
- child focused, allows them to state clearly and freely what (if anything) happened
- recorded interview can be used as the basis of an investigation
- it avoids the need to re interview the child for different purposes
When must a lawyer return their copy of the DVD?
As soon as practicable
s103 of the evidence act 2006
name 4 grounds
- age/maturity of witness
- physical impairment
- fear of intimidation
- trauma suffered
s105: 3 alternative ways of giving evidence
SCREEN: while in the courtroom but unable to see the defendant
CCTV from a safe space
VIDEO RECORDING
Regulation 28 of the Evidence Regulations 2007
Police must ensure that a typed transcript of a video record to be used in proceedings is given to the defendant or defendant’s lawyer as soon as practicable
