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CIB Module 007 - Sex Offences 2020 > Evidence > Flashcards

Flashcards in Evidence Deck (6)
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1

Evidence Act 2006 Section 87 - Privacy as to witness's precise address

(1) In any proceeding, the precise particulars of a witness's address (for example, details of the street and number) may not, without the permission of the Judge be; (a) the subject of any question to a witness or included in any evidence given, or (b) included in any statement or remark made by a witness lawyer, officer of the court or any other person (2) The judge must not grant permission under subsection 1 unless satisfied that the question to be put, the evidence to be given, or the statement or remark to be made, is of sufficient direct relevance to the facts in issue that to exclude it would be contrary to the interests of the justice. (3) An application for permission under subsection (1) may be made before or after the commencement of any hearing, and is, where practicable, to be made and dealt with in chambers. (4) Nothing in subsection 1 applies in a criminal proceeding if it is necessary to disclose the particulars in the charge in order to ensure that the defendant is fully and fairly informed of the charge.

2

Summarise s44(1) and (2), Evidence Act 2006 in relation to questions that can be put to the witness.

In a sexual case, no evidence or questions can be put to the complainant about their sexual experience with any person other than the defendant or about their reputation in sexual matters, except with the Judge's permission.

3

Summarise s88, Evidence Act 2006.

In sexual cases, protects the complainant from having questions put to them or to a witness about their occupation, or having evidence given or statements/remarks made about their occupation...except with the Judge's permission.

4

s103(3) Evidence Act 2006 - On what grounds can a witness give evidence in an alternative way?

Age or maturity of the witness

The physical, intellectual, psychological or psychiatric impairment of the witness.

Truma suffered by the witness

Fear of intimidation

Linguistic, cultural background or religious beliefs

Nature of proceedings

Relationship of the witness to any party to the proceeding

The absence or likely absence from NZ

Any other ground likely to promote the purpose of the Act.

5

s35 Evidence Act 2006 - Previous Consistent Statement

Can only be produced as rebuttal evidence

6

s28 Evidence Act 2006 - Transcripts

Are the responsibility of the O/C...

A typed transcript of a video recording to be used in proceedings is given to the defence as soon as practicable after the defendant has pleaded not guilty.

No later than 7 days prior to preliminary or defended hearing.