Giving of evidence by child witnesses

Heading: replaced, on 8 January 2017, by section 30 of the Evidence Amendment Act 2016 (2016 No 44).

107 Alternative ways of giving evidence by child witnesses in criminal proceedings

(1)

A child witness, when giving evidence in a criminal proceeding, is entitled to give evidence in 1 or more alternative ways so that—

(a)

the witness gives evidence in 1 or more of the following ways:

(i)

by a video record made before the hearing of the proceeding:

(ii)

while in the courtroom but unable to see the defendant or some other specified person:

(iii)

from an appropriate place outside the courtroom, either in New Zealand or elsewhere:

(b)

by use of any appropriate practical and technical means the Judge, the jury (if any), and any lawyers can see and hear the witness giving evidence, in accordance with any regulations made under section 201:

(c)

the defendant can see and hear the witness, unless the Judge directs otherwise.

(2)

If a video record is shown as a child witness’s evidence in chief, the witness is entitled to give the other parts of his or her evidence, including any further evidence in chief, in 1 or more other alternative ways.

(3)

To avoid doubt, section 106 applies to a video record offered as an alternative way of giving evidence under this section.

(4)

Any party intending to call a child witness must provide every other party and the court with a written notice stating the 1 or more alternative ways in which the witness will give his or her evidence.

(5)

Unless a Judge permits otherwise, the notice required under subsection (4) must be given no later than when a case management memorandum (for a judge-alone trial) or a trial callover memorandum (for a jury trial) is filed under the Criminal Procedure Act 2011.

(6)

If a party has given notice under subsection (4) and it is no longer possible or desirable for the witness to give evidence by the means stated in the notice, the party may file an amended notice but must do so as early as practicable before the case is to be tried.

(7)

This section is subject to sections 107A and 107B.

Section 107: replaced, on 8 January 2017, by section 31 of the Evidence Amendment Act 2016 (2016 No 44).