Evidence Act 2006 Flashcards Preview

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Flashcards in Evidence Act 2006 Deck (22):
1


Section 44 – Evidence of sexual experience of complainants in sexual cases

(1) In a sexual case, no evidence can be given and no question can be put to a witness relating directly or indirectly to the sexual experience of the complainant with any person other than the defendant, except with the permission of the Judge.

2

Section 87 - Privacy as to witness's precise address

(1) In any proceeding, questions of the particulars of a witness's address may not be asked without permission of the Judge - unless contrary to the interests of justice.
(2) Judge must be satisfied that questions put, evidence given, or statement made is of sufficient direct relevance to the facts in issue, and to exclude it would be contrary to the interest of justice.

3


Section 88 - Restriction on disclosure of complainants occupation in sexual cases

(1) In a sexual case, except with the permission of the judge, no question may be put to the complainant or any other witness, and no evidence given concerning the complainants occupation
(2) Judge must be satisfied that questions put, evidence given, or statement made is of sufficient direct relevance to the facts in issue, and to exclude it would be contrary to the interest of justice.

4



Section 103 - Ground for alternative means of giving evidence

(a) age or maturity
(b) physical, intellectual, psychological, or psychiatric impairment
(c) trauma suffered
(d) fear of intimidation
(e) linguistic or cultural background or religious beliefs
(f) nature of proceedings
(g) nature of the evidence to be given
(h) relationship of the witness to any party to the proceedings
(i) absence or likely absence of witnesses from NZ
(j) any other ground likely to promote the purpose of the Act

5


Section 104 - Chambers hearing before directions for alternative ways of giving evidence

(a) must give each party an opportunity to be heard in chambers; and
(b) Judge may call for and receive a report, to advise, on the effect on the witness of giving evidence in the ordinary way or any alternative way.

6


Section 105 - Alternate means of giving evidence

(1) A Judge may direct evidence of a witness to be given in an alternate way,
(a) the witness gives evidence
(i) In court but unable to be seen - Screens
(ii) CCTV (outside courtroom or somewhere else)
(iii) by video record made before the proceedings

7

Section 106 - Video record evidence

Governs admissibility of video record evidence

8

Section 107- Directions about way child complainants are to give evidence

(1) In a criminal proceeding in which there is a child complainant, the prosecution must apply to the court in which the case will be tried for directions about the way in which the complainant is to give evidence in chief and be cross-examined.

9

Section 121 - Corroboration

(1) It is not necessary in a criminal proceeding for evidence on which the prosecution relies to be corroborated, except with respect to the offences of -
(a) Perjury
(b) false oaths
(c) false statements or declarations
(d) treason

10

Section 35 - Previous consistent statements

Previous consistent statements will really only be admissible only as rebuttal evidence.

11

Section 28
Section 35
Section 44
Section 87
Section 88
Section 103 - 107
Section 121

28 Transcript
35 Previous consistent statements
44 Previous Sexual experience
87 Address
88 Occupation
103 Grounds for alt evidence
104 Chambers
105 Alternate modes of evidence
106 Governs visual recorded evidence
107 Direction sought for children
121 Corroboration Evidence

12

Section 28

Transcripts

13

Section 35

Previous consistant statements

14

Section 44

Previous sexual experience

15

Section 87

Address

16

Section 88

Occupation

17

Section 103

Grounds for alternate means of giving evidence

18

Section 104

Chambers

19

Section 105

Alternate mode of evidence

20

Section 106

Governs electronically recorded evidence

21

Section 107

Directions sought for children

22

Section 121

Corroboration evidence