Sex offences(3) Q & A

Question 1

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.

Answer 1

Under s103(3), Evidence Act 2006:

(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.

Question 2

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

Answer 2

Under reg 28 of the Evidence Regulations 2007:

Prosecutor to give transcript to defence after defendant pleads not guilty

(1) The prosecutor must ensure a typed transcript of a working copy is given to the defendant or the defendant’s lawyer as soon as practicable after the defendant has pleaded not guilty.
(2) The typed transcript is to be prepared by the police.
(3) The Court may adjourn the hearing to allow further time for the defendant to consider the transcript if satisfied that subclause (1) has not been complied with.

Question 3

List three ways under s105(1)(a), Evidence Act 2006, that a witness may give evidence.

Answer 3

The witness may give evidence:

(i) while in the courtroom but unable to see the defendant or some other specified person; (screens) or
(ii) from an appropriate place outside the courtroom, either in New Zealand or elsewhere; (CCTV) or
(iii) by a video record made before the hearing of the proceeding. (video recording).