Questions - victims and witnesses Flashcards
At what age does a case to to ASA?
17 years or older at the time the complaint is made
When would a judge order for the disclosure of a witnesses address under S87 of Evidence Act?
The judge determines that they are directly relevant to the facts in issue and that to exclude them would be contrary to the interest of justice.
What are four facts you would want to establish in a prelim interview?
- Brief outline of facts
- Victim safety
- Public safety
- Urgent investigation needs considering potential for loss of evidence, medical circumstances, suspects likely actions.
Who does the offence of failure to protect child or vulnerable adult apply to?
A member of the same household as the victim or
A person who is a staff member of any hopital, institution, or residence where the victim resides.
What are the mens rea and actus reus for the failure to protect child or vulnerable adult charge?
Knows that the victim is at risk of death,GBH,or sexaul assault
Fails to take reasonable steps to protect the victim from that risk
What is held in R V Harpur in relation to the defendants conduct?
An attempt includes an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime.
Court may have regard to the defendants conduct viewed cumulatively, defendants conduct may be considered in its entirety. Considering how much to be done is relevant though not determinative.
What are the two main reasons for why a child would undergo a medical assessment?
To check the physical, sexual and mental health of the victim.
To collect trace evidence to assist with prosecution
List three grounds on which a direction can be made under s103(3) of the Evidence Act 2006 in regards to a witness giving evidence in an alternative way.
Under s103(3):
(3) A direction under subsection (1) that a witness is to give evidence in an alternative way, may be made on the grounds of—
(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.
Discuss the requirement under reg28 of the Evidence Regulations 2007.
The prosecutor must ensure a typed transcript is given to the defendant/lawer at least 7 days before a preliminary hearing or if summarily as soon as practicable after not guilty plea.
The transcript is to be prepared by Police.
List three ways under S105 that a witness may give evidence?
- While in the courtroom but unable to see the defendant (screens)
- From an appropriate place outside the courtroom (CCTV)
- By video recording made before the hearing (video recording)
It is important to preserve trace evidence in sexual assault cases. List four things that victims should refrain from (where possible) before a medical examination.
Remind the victim:
- No eating or drinking.
- No going to the toilet (if necessary, use a toxicology kit to capture urine and ask the female victim not to wipe)
- No washing or showering
- No washing of hands or biting fingernails.
List the points that you would cover with a victim to explain the medical forensic examination procedure.
Explain to the victim:
- That the examination will be conducted by a medical forensic practitioner specially trained in examining victims of sexual assault
- The benefits of a full medical forensic examination including:
i. The potential benefit to their physical, sexual and mental health
ii. how the examination can help Police obtain evidence to apprehend the offender
- The expected time for the examination and, if appropriate, possible outcomes of the examination.
- Ask the victim if they have any concerns about the gender of the practitioner conducting the examination and advise that you will do your best to accommodate their wishes. (Research indicates that most ASA victims identify gender as an issue and indicate a preference for examination by a female.
List the three areas to consider when determining “seriousness of physical abuse”.
There are three areas to consider in determining whether physical abuse is serious and therefore meets the threshold for referral as a CPP case under this protocol:
- The action of the abuse
- The injury inflicted, and
- The circumstances (factors of the case).
List four Police responsibilities to victims and their rights.
Victim rights:
o All obligations under the Victims’ Rights Act 2002 must be met and all victim contact must be recorded
o Victims must be given information about the progress of their investigation within 21 days
o Victims must be kept updated and informed of the outcome of the investigation, including no further avenues of enquiry or the reason for charges not being laid
o As soon as the offender is arrested and charged Police must determine whether it is a s29 offence. If so, the victim must be informed of their right to register on the Victim Notification System (if the victim wishes to do so)
o Victims must be informed of the outcome of the case and the case closure. Ensure any property belonging to the victim is returned promptly.
Define “serious child abuse” and circumstances where Police would remove a child from a household.
Serious child abuse includes but is not limited to:
- Sexual abuse
- Serious physical abuse
- Serious wilful neglect
- Serious family violence where the child is a witness
- All allegations against Child, Youth and Family approved caregivers that involve serious child abuse
- All allegations against employees of Child, Youth and Family and the Police that involve serious child abuse.
