EVIDENCE

Question 1

COMPLAINANT PROTECTION

Answer 1

The law protects the privacy and reputation of sexual assault complaints.

Question 2

Sec44 Evidence Act

Complainants Character

Answer 2

No evidence or questions (except with judge’s permission) can be put to the complainant about their sexual experience with
any other person other than the defendant.

Question 3

Evidence Act 2006

Answer 3

• No evidence or questions (except with judges permission) can be put to the complainant about their sexual experience with
  any other person other than the defendant.
• No evidence or questions can be put to the witness that relates directly or indirectly to the reputation of the complainant.

Question 4

When can evidence or questions about the complainant’s sexual experience with other people be granted?

Answer 4

• If a judge is satisfied that the question or evidence is of direct relevance to facts in issue and would be contrary to the interest of justice to exclude it.
• when the defendant is charged as a party to and the defendant cannot be convicted unless it is shown another person committed a sexual offence against the complainant.

Question 5

Corroborative Evidence

Answer 5

The complainant’s evidence does not have to be corroborated.

Question 6

Exception to corroborated evidence rule

Answer 6

The complainant’s evidence does not have to be corroborated except for offences of:

• Perjury
• False Oaths
• False statements or Declarations
• Treason

Question 7

Standard committal procedures

Answer 7

Allows under special circumstances when an application is made to hear oral evidence the complainant of sexual offences will have protection
surrounding who can be present and what can be asked.

Question 8

Previous Consistent Statement Rule

Answer 8

Admissible if it is used to respond to a challenge of a witness/complainants veracity or accuracy.

Question 9

Why have courts allowed the use of Recorded Interviews?

Answer 9

Minimises stress to the complainant and ensures that an account of events, recorded as close to time to the offence as practicable is put
before the court.

Question 10

When should Level 3 interviewers be used?

Answer 10

Whenever possible when interviewing witnesses to, complainants of , major offences - homicides, sexual and serious assaults etc.

Question 11

What are the advantages of visually recording evidence?

Answer 11

• greater quality and quantity of information
• minimising trauma to the witness by simplifying the process and having their interview played in chief.
• reducing contamination by the interviewer when transposing the interview into a statement
• valuable means of refreshing the witness memory before court proceedings.

Question 12

Are you allowed to conduct a L3 interview if there is no L3 interviewer available?

Answer 12

No, unless you are a trained in investigative interviewing and are a specialist interviewer.
however an NCO can authorise a suitably competent investigator to conduct the interview.

Question 13

How is a child’s complaint expected to be obtained?

Answer 13

Video/DVD record unless there are exceptional circumstances.

Question 14

child protection - List 3 reasons why a DVD recording is the best way:

Answer 14

• focused on the child and allows them to state clearly and freely what has happened
• the recorded interview can be used for the basis of an investigation, subsequent criminal prosecution, care & protection purposes
• avoids the need to re-interview the child for different purposes.

Question 15

Who can conduct a recorded child interview?

Answer 15

All interviews must be carried out by a Specialist Child Interviewer.

Question 16

What alternative ways to give evidence are available?

Answer 16

• VIDEO/DVD: Complainants DVD interview played as evidence in chief in court
• CCTV: Evidence given orally but from a safe location in NZ or elsewhere.
• Screens: while in the court room but unable to see the defendant/some other person
• **An application normally prepared by the crown solicitor must be made to the court under s107

Question 17

List 4 grounds that a Witness may apply to give their evidence in an alternate way:

Answer 17

• The age or maturity of the witness
• The trauma suffered by the witness
• The witness has fears of intimidation
• The relationship of the witness to any party of the proceedings
• the absence or likely absence of the witness from NZ

Question 18

Whose responsibility is it to ensure a transcript of video/DVD is prepared?

Answer 18

O/C case.
Police must ensure a typed copy of the video record must be given to the defendant or defendant’s lawyer asap or as soon as practicable
after the defendant has plead not guilty.