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Use of Alternative Ways of Giving Evidence by Vulnerable Witnesses: Current Proposals, Issues and ChallengesElisabeth McDonaldVictoria University of Wellington - Faculty of Law Yvette TinsleyVictoria 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 Accepted Paper SeriesDate posted: August 8, 2011 ; Last revised: July 3, 2012Suggested Citation |
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