Evidence Regulations 2007 for video recording Flashcards

1
Q

Who should conduct interviews

A

Where ever possible a level 3 interviewer should conduct the interview

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2
Q

What are the advantages of a visually recorded interview

A
  • 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
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3
Q

What happens when specialist interviewer not available?

A

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

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

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4
Q

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

A

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

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5
Q

Who is responsible for transcripts?

A

OC Case

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6
Q

What is S103

A

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

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7
Q

What are the grounds for a submission under S103.

A

CRAFTI PENZ
-linguistic or CULTURAL background or religious beliefs of the witness
-RELATIONSHIP of the witness to any party to the proceeding
-AGE or maturity of the witness
-witness’s FEAR of intimidation
-TRAUMA suffered by the witness
physical, intellectual, psychological, or psychiatric IMPAIRMENT of the witness
-nature of the PROCEEDING
-nature of the EVIDENCE that the witness is expected to give
-absence or likely absence of the witness from NEW ZEALAND
-any OTHER ground likely to promote the purpose of the Act.

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8
Q

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

A

(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:

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