Family Violence (Amendments) Bill

  • enacted
  • Previous title has changed
124 317 New sections 106A and 106B and cross-heading inserted

After section 106, insert:

Giving of evidence by family violence complainants

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.

106B Application by defendant for family violence complainant to give evidence in ordinary way or different alternative way

(1)

Despite section 106A, a defendant may apply to a Judge for a direction that a family violence complainant give evidence or any part of his or her evidence in the ordinary way under section 83 or in a different alternative way under section 105.

(2)

Unless a Judge permits otherwise, the application must be made 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.

(3)

Before giving a direction under this section, the Judge—

(a)

must give each party an opportunity to be heard in chambers; and

(b)

may call for and receive a report, from any person considered by the Judge to be qualified to advise, on the effect on the complainant of giving evidence in the ordinary way or any alternative way.

(4)

When considering whether to give a direction under this section, the Judge must have regard to—

(a)

whether the interests of justice require a departure from the usual procedure under section 106A in the particular case; and

(b)

the matters in section 103(3) and (4).