Evidnece Flashcards
S44 - Complainants character/Sexual experience
Generally, no evidence or questions, other than with the permission of the judge, can be put to the complainant about their sexual experience with any person other than the defendant, or their reputation in sexual matters. A judge must be satisfied it would be contrary to the interests of justice to exclude jt.
S87 - Complainants address
Protects a witness from having to state their address or having questions put to them about that information. Includes town or community the witness lived in. However, a judge may determine to exclude this information would be contrary to the interests of justice.
S88 - Complainant occupation
Protects a complainant from having questions put to them or to a witness about the complainants occupation.
S121- Corroborative evidence
In any criminal proceeding, the complainants evidence does not have to be corroborated. This is especially important in cases of a sexual nature, where the offence is often committed with no independent evidence to corroborate a complainants account.
Standard procedure of giving oral evidence
Allows under special circumstance on application for the court to agree to hear oral evidence. If granted, the complainant of sexual offences will have protection surrounding who can be present and what can be asked.
Previous consistent statements rule
Previous consistent statements of a witness are inadmissible unless the statement is necessary to respond to a challenge to the witness’s veracity or accuracy
Or
The statement is reliable and provides the court with information that the witness is unable to recall.
Evidence Act 2006 S103
A judge may direct how a witness is to give evidence be cross examined. An application for direction must be made as early as practicable. Application for a witness to give evidence alternatively must be based on age maturity/trauma suffered/fear of intimidation etc. The judge must have regard to the fairness of the trial and the views of the witness.
Evidence Act 2006 S104
Before making a decision on a 103 application a judge must give each party an opportunity to be heard in chambers and may call to receive a report on the effect to the witness of giving evidence in the normal way.
Evidence Act 2006 S105
Alternative ways of giving evidence:
- In the court room but unable to see the defendant
- from an appropriate place outside the courtroom
- by a video record made before the hearing
Evidence Act 2006 s106
Video record evidence management.
A copy of a video record of a child complainant or sexual violation case should not be given to the defendants lawyer unless at the direction of a Judge following an apllication.
