JUDICIAL WARNINGS Flashcards
Define Judicial warnings and directions
There are a number of circumstances in which a judge may direct the jury that evidence should be scrutinized with particular care, or should be given less weight. (Lies, unreliable, delayed, children’s evidence, identification)
Section 122 of the Evidence Act 2006 - warning about unreliable evidence.
(1) If, in a criminal proceeding tried with a jury, the Judge is of the opinion that any evidence given in that proceeding that is admissbile may nevertheless be unrealiable, the judge may warn the jury of the need for caution in deciding -
a) whether to accept the evidence
b) the weight to be given to the evidence
Section 122 (2) - in criminal proceeding tried with a jury, the Judge must consider whether to give a warning under subsection (1) whenever the following evidence is given:
a) Hearsay evidence
b) evidence of a statement by the defendant, if that evidence is the only evidence implicating the defendant
c) evidence given by a witness who may have a motive to give false evidence that is prejudicial to a defendant
d) evidence of a statement by the defendant to another person made while both the defendant and other person were detained in prison, police station or another place of detention.
e) evidence about the conduct of the defendant if that conduct is alleged to have occurred more than 10 years previously.
The purpose of the Evidence Act is to help secure the just determination of proceedings. What are the 6 objectives of the Evidence Act 2006 as set out in Section 6 EA06?
- providing for facts to be established by the application of logical rules
- providing rules of evidence that recognise the importance of the rights affirmed by the New Zealand Bill of Rights Act 1990
- Promoting fairness to parties and witnesses
- protecting rights of confidentiality and other important public interests
- avoiding unjustifiable expense and delay, and
- enhancing access to the law of evidence
