Evidence Regulations 2007 for video recording

Question 1

Who should conduct interviews

Answer 1

Where ever possible a level 3 interviewer should conduct the interview

Question 2

What are the advantages of a visually recorded interview

Answer 2

• Greater quality and quantity of info obtained
• Minimise trauma
• Reduction of contamination by interivew when making written statement
• Providing a means for witness to refresh memory before judicial proceedings

Question 3

What happens when specialist interviewer not available?

Answer 3

You should not conduct the interview unless you’re a specialist interview.

If necessary NCO can appoint suitably competent interviewer to conduct interview preference to lvl2 then lvl1

Question 4

What is best practice around child interviews and why is it done this way?

Answer 4

Courts expect that the evidence will be given by way of DVD interview.
It is the best way as it
-interview process is focused on the child and allows them to state freely and clearly what has happned
-the record can be used for the basis of an investigation
-avoids the need to re-interview the child for different purposes

Question 5

Who s responsible for transcripts?

Answer 5

OC Case

Question 6

What is S103

Answer 6

Covers how the evidence in chief is to be given whether normally or in another form

Question 7

What are the grounds for a submission under S103.

Answer 7

(a)
the age or maturity of the witness:
(b)
the physical, intellectual, psychological, or psychiatric impairment of the witness:
(c)
the trauma suffered by the witness:
(d)
the witness’s fear of intimidation:
(e)
the linguistic or cultural background or religious beliefs of the witness:
(f)
the nature of the proceeding:
(g)
the nature of the evidence that the witness is expected to give:
(h)
the relationship of the witness to any party to the proceeding:
(i)
the absence or likely absence of the witness from New Zealand:
(j)
any other ground likely to promote the purpose of the Act.

Question 8

What are the three alternativ ways to give evidence under S105?

Answer 8

(i)
while in the courtroom but unable to see the defendant or some other specified person; or
(ii)
from an appropriate place outside the courtroom, either in New Zealand or elsewhere; or
(iii)
by a video record made before the hearing of the proceeding: