Progress test 3

Question 1

List three grounds on which a direction can be made under S103(3) of the Evidence Act 2006 in regards to a witness giving evidence in an alternative way

Answer 1

A direction under subsection (1) that a witness is to give evidence in an alternative way, may be made on the grounds of—

(a) the age or maturity of the witness
(b) the physical, intellectual, psychological, or psychiatric impairment of the witness
(c) the trauma suffered by the witness.

Question 2

Discuss the requirement under regulation 28 of the Evidence Regulations 2007.

Answer 2

Regulation 28 - Prosecutor to give transcript to defence following not guilty plea

(1) The prosecutor must ensure a typed transcript of a working copy is given to the defendant or the defendant’s lawyer as soon as practicable after the defendant has pleaded not guilty.
(2) The typed transcript is to be prepared by the Police.
(3) The court may adjourn a hearing to allow further time for the defendant to consider the transcript if satisfied that subclause (1) has not been complied with.

Question 3

List three ways under S105 that a witness may give evidence

Answer 3

(i) While in the courtroom but unable to see the defendant or some other specified person; or
(ii) From an appropriate place outside the courtroom, either in New Zealand or elsewhere; or
(iii) By a video record made before the hearing of the proceeding