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http://ssrn.com/abstract=1885145
 
 

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Use of Alternative Ways of Giving Evidence by Vulnerable Witnesses: Current Proposals, Issues and Challenges


Elisabeth McDonald


Victoria University of Wellington - Faculty of Law

Yvette Tinsley


Victoria University of Wellington - Faculty of Law

July 2, 2012

Victoria University of Wellington Law Review, Forthcoming
Victoria University of Wellington Legal Research Paper No. 2/2011

Abstract:     
Fifteen years after the Law Commission’s rejection of pre-trial recording of cross-examination, it is back on the reform agenda. Drawing from research examining comparative pre-trial and trial practices in cases of sexual offending, this article discusses the backdrop to the debate surrounding pre-recording, including the provisions of the Evidence Act 2006 and the approach of the courts to alternative ways of giving evidence. The benefits and drawbacks of pre-trial recording of evidence for adult witnesses are canvassed – including practical, evidential and psychological issues – leading to the conclusion that rather than a presumption in favour of any particular alternative way of giving evidence, close consideration of the individual circumstances of each case is required.

Number of Pages in PDF File: 30

Keywords: evidence law, vulnerable witnesses, law reform, Evidence Act 2006

JEL Classification: K14

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Date posted: August 8, 2011 ; Last revised: July 3, 2012

Suggested Citation

McDonald, Elisabeth and Tinsley, Yvette, Use of Alternative Ways of Giving Evidence by Vulnerable Witnesses: Current Proposals, Issues and Challenges (July 2, 2012). Victoria University of Wellington Law Review, Forthcoming; Victoria University of Wellington Legal Research Paper No. 2/2011. Available at SSRN: http://ssrn.com/abstract=1885145

Contact Information

Elisabeth McDonald (Contact Author)
Victoria University of Wellington - Faculty of Law ( email )
PO Box 600
Wellington, 6140
New Zealand

Yvette Tinsley
Victoria University of Wellington - Faculty of Law ( email )
PO Box 600
Wellington, 6140
New Zealand

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