PROGRESS TEST 3

Question 1

List 3 grounds on which a direction can be made under Section 103(3) of the Evidence Act 2006 in regards to a witness giving evidence in an alternative way?

Answer 1

• Age or maturity of the witness
• The physical, intellectual, psychological or psychiatric impairment of the witness
• The trauma suffered by the witness
• The witness’s fear of intimidation
• The linguistic or cultural background or religious beliefs of the witness
• The nature of the proceeding
• The nature of the evidence that the witness is expected to give
• The relationship of the witness to any party to the proceeding
• The absence or likely absence of the witness from NZ
• Any other ground likely to promote the purpose of the Act.

Question 2

Discuss the requirement under reg 28 of the Evidence Regulations 2007.

Answer 2

1) Prosecutor must ensure typed transcript is given to the Defendants lawyer ASAP after the Defendant has pleaded guilty.
2) They typed transcript is to be prepared by Police.
3) The Court may adjourn the hearing to allow further time for the transcript to be provided if it is not up to scratch.

Question 3

List 3 ways under Section 105 that a witness may give evidence?

Answer 3

i) While in the Court room, but unable to see the Defendant or some other specified person (Screens)
ii) From an appropriate place outside the Courtroom, either in NZ or elsewhere (CCTV).
iii) By video record made before the hearing of the proceeding (Video Recording).