s44: evidence of sexual experience of complainants in sexual cases
- no evidence/question can be put to the witness relating to the sexual experience of the complainant with any other person than the defendant (except with judge permission)
- no evidence/question can be put to the witness that relates to the reputation of the complainant in sexual matters
- in cases where defendant is charged as a party and cannot be convicted unless it is shown that another person committed a sexual offence against the complainant, s44(1) doe not apply if it relates to the experience of the complainant with the other person
s44(1) subject to propensity rule s40(3)
Evidence of the victims propensity to act in a certain way with the defendant including sexually may be offered as evidence of the judge grants it
s87: privacy to witness precise address
- witness address cannot be subject to any question or included in any statement or remark given
- includes name and number of street and the town or community where they live
- judge can grant permission if it is of direct relevance
s88: restriction on disclosure of complainants occupation in sexual cases
- no questions can be put to them about occupation. Application can be made to judge to disclose
s103(3): giving evidence in alternative way
May give evidence in alternative way on grounds of…. (9)
Age/maturity
Impairment
Trauma suffered
Fear of intimidation
Linguistic/cultural background
Nature of proceedings
Nature of evidence given
Relationship of the witness to any party
Absence from NZ
s105: ways to give evidence
- in courtroom but unable to see the defendant or other person
- appropriate place outside of the courtroom and connected by video/cctv
- video recording made prior
s121: corroboration
Complainants evidence does not need to be corroborated
Corroborate is not defined in crimes act 1961. Dictionary terms means to strengthen or support with other evidence, to make more certain
Standard procedure of giving oral evidence
Allows under special circumstances on application for the court to agree to hear oral evidence. If granted the complainant will have protection surrounding who can be present and what can be asked
*s97 criminal procedure act 2011
Advantages of visually recorded evidence
- greater quality and quantity of info
- minimise trauma
- provides means to refresh memory
- reduces contamination
Age of child for visually recorded interviews
Under 18
Child complainants - video interviews
It meets the child’s needs because…
- Process is focused on the child and allows them to state clearly and freely what happened
- The interview can be used for the basis of an investigation
- It avoids the need to re-interview the child
Who can interview children?
Specialist child witness interviewers
s103, 104 and 105 Evidence act 2006
The basis for the crown to present the video as evidence in chief.
Crown must apply to the courts and it is the judges decision whether to allow this. It is not guaranteed.
Not limited to sexual offences.
Applications must be made as early as possible before the trial.
Transcripts of video interviews.
Who is responsible?
When is it disclosed to lawyer?
O/C is responsible for preparing transcript.
The specialist child witness interviewer must check the transcript against the tape for accuracy.
Police must ensure it is given to defence as soon as practicable after the defendant has pleaded not guilty. s28.
