Victoria University of Wellington Law Review, Forthcoming
30 Pages Posted: 8 Aug 2011 Last revised: 5 Apr 2015
Date Written: July 2, 2012
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.
Keywords: evidence law, vulnerable witnesses, law reform, Evidence Act 2006
JEL Classification: K14
Suggested Citation: 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: https://ssrn.com/abstract=1885145