Giving of evidence by family violence complainants

Heading: inserted, on 3 December 2018, by section 60 of the Family Violence (Amendments) Act 2018 (2018 No 48).

106A Giving of evidence by family violence complainants

(1)

This section applies to a complainant who is not a child and who is to give or is giving evidence in a family violence case (a family violence complainant).

(2)

A family violence complainant is entitled to give his or her evidence in chief by a video record made before the hearing.

(3)

The video record must be one recorded—

(a)

by a Police employee; and

(b)

no later than 2 weeks after the incident in which it is alleged a family violence offence occurred.

(4)

If a video record is to be or has been used as the complainant’s evidence in chief, a Judge must give a direction under section 103 about how the complainant will give the other parts of his or her evidence, including any further evidence in chief.

(5)

To avoid doubt, section 106 applies to a video record offered as the complainant’s evidence in chief under this section.

(6)

If the prosecution intends to use a video record as a complainant’s evidence in chief, the prosecution must provide the defendant and the court with a written notice stating that intention to do so.

(7)

Unless a Judge permits otherwise, the notice 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.

Section 106A: inserted, on 3 December 2018, by section 60 of the Family Violence (Amendments) Act 2018 (2018 No 48).