Evidence Act

Question 1

Admissabilty of relevant evidence - Section 7 Evidence Act 2006

Answer 1

(1) All relevant evidence is admissible in a proceeding except evidence that is—
(a )inadmissible under this Act or any other Act; or
(b) excluded under this Act or any other Act.
(2) Evidence that is not relevant is not admissible in a proceeding.
(3) Evidence is relevant in a proceeding if it has a tendency to prove or disprove anything that is of consequence to the determination of the proceeding.

Question 2

General exclusions - Section 8 Evidence Act 2006

Answer 2

(1) In any proceeding, the Judge must exclude evidence if its probative value is outweighed by the risk that the evidence will—

(a ) have an unfairly prejudicial effect on the proceeding; or (b) needlessly prolong the proceeding.

(2) In determining whether the probative value of evidence is outweighed by the risk that the evidence will have an unfairly prejudicial effect on a criminal proceeding, the Judge must take into account the right of the defendant to offer an effective defence

Question 3

Previous consistent statement rule - Section 35 Evidence Act 2006

Answer 3

(1) A previous statement of a witness that is consistent with the witness’s evidence is not admissible unless subsection (2) or subsection (3) applies to the statement.
(2) A previous statement of a witness that is consistent with the witness’s evidence is admissible to the extent that the statement is necessary to respond to a challenge to the witness’s veracity or accuracy, based on a previous inconsistent statement of the witness or on a claim of recent invention on the part of the witness.

(3) A previous statement of a witness that is consistent with the witness’s evidence is admissible if— (a) the circumstances relating to the statement provide reasonable assurance that the statement is reliable; and
(b) the statement provides the court with information that the witness is unable to recall.

Question 4

Evidence of complainants previous sexual experience - Section 44 Evidence Act 2006

Answer 4

In a sexual case no evidence can be given and no questions can be put to a witness relating directly or indirectly to –

(1) The sexual experience of the complainant with any person other than the defendant
(2) The reputation of the complainant in sexual matters
(3) Unless the judge is satisfied that it is of direct relevance to the facts in issue and to exclude it would be contrary to the interests of justice.

Question 5

Privacy as to witnesses precise address - Section 87 Evidence Act 2006

Answer 5

(1) In any proceeding the precise particulars of a witnesses address may not without the permission of the judge be –
a. The subject of any questions to a witness or included in evidence given; or
b. Included in any statement or remark made by a witness, lawyer, officer of the court or any other person
(2) Unless the judge is satisfied it is of direct relevance to the facts in issue and to exclude it would be contrary to the interest of justice

Question 6

Restriction of disclosure of complainants occupation - Section 88 Evidence Act 2006

Answer 6

(1) In a sexual case, except with the permission of the Judge,—
(a) no question may be put to the complainant or any other witness, and no evidence may be given, concerning the complainant’s occupation; and
(b) no statement or remark may be made in court by a witness, lawyer, officer of the court, or any other person involved in the proceeding concerning the complainant’s occupation.
(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 justice

Question 7

Corroboration - Section 121 Evidence Act 2006

Answer 7

(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 (section 108 of the Crimes Act 1961); and
(b) false oaths (section 110 of the Crimes Act 1961); and
(c) false statements or declarations (section 111 of the Crimes Act 1961); and
(d) treason (section 73 of the Crimes Act 1961).

Question 8

Define hostile witness - Section 4 Evidence Act

Answer 8

in relation to a witness, means that the witness—

(a) exhibits, or appears to exhibit, a lack of veracity when giving evidence unfavourable to the party who called the witness on a matter about which the witness may reasonably be supposed to have knowledge; or
(b) gives evidence that is inconsistent with a statement made by that witness in a manner that exhibits, or appears to exhibit, an intention to be unhelpful to the party who called the witness; or
(c) refuses to answer questions or deliberately withholds evidence