Evidence: Child Complainants

Question 1

R v M

Answer 1

“with a child complainant, evidence will normally be given by way of video record if there is one, unless there are exceptional circumstances”

Question 2

How does a Video/DVD interview meet the child’s needs?

Answer 2

• the interview process is focused on the child and allows them to state clearly and freely what (if anything) has happened according to the rules of evidence
• the recorded interview can be used for the basis of an investigation, subsequent criminal prosecution and/or care and protection purposes
• it avoids the need to re-interview the child for different purposes

Question 3

Sections 103, 104, 105 of the Evidence Act 2006?

Answer 3

Provide the basis for the Crown to present the childs video as evidence-in-chief in court

also provides opportunity for the complainant or witnesses evidence to be admitted by alternative means

Question 4

Applying to the court for authority to use video/DVD evidence?

Answer 4

Once the charges are filed and Police wish to present complainants evidence in chief by alternative methods, Police must apply to the court under s107 of the Evidence Act 2006

Question 5

Transcripts of video/DVD records

Answer 5

• Responsibility of the O/C case to ensure it is prepared
• The Specialist Child Witness Interviewer must check the transcript against the tape for accuracy and acknowledge in their brief of evidence that this has occurred
• Must ensure that a typed transcript to be used in proceedings is given to the defendants lawyer as soon as practicable
• If the matter is to be tried summarily, transcript must be prepared as soon as reasonably practicable after the defendant has entered a not guilty plea.