Victim video statements Flashcards
Can a child (<18 years) do a VVS?
No, must be written
Can you use a VVS for all victim statements?
No, only family harm incidents (evidence regulations act 2007)
Can you use a family member as a witness?
No, unless they are required under the evidence regulations act section 7 where any interpreter present promising to accurately completely translate the words of the witness and the family member is the best person to translate for the victim
Can you take a VVS in the case of a sexual allegation?
No
How long can we wait to take a VVS?
Max of 2 weeks
Can you get a VVS from someone who is intoxicated or emotionally unfit (I.e keeps crying)?
No
Can you include in a VVS complicated histories I.e previous criminal history
No, don’t want to convict on reputation, have yo convict on evidence
What are the three things to prove is a VVS?
- elements of the offence
- identity of the offender
- relationship between victim and offender to prove it is a family harm incident and therefore a VVS can be used as evidence