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Accommodating Children's Testimony: Legal Reforms in New Zealand

NCJ Number
162225
Journal
Criminal Justice and Behavior Volume: 23 Issue: 2 Dated: (June 1996) Pages: 377-401
Author(s)
M-E Pipe; M Henaghan
Date Published
1996
Length
25 pages
Annotation
In 1989, New Zealand introduced radical changes to legislation related to child witnesses, and these changes opened the way for videotaped evidence, closed circuit television, screens, and one-way glass to be used when children give evidence in criminal cases.
Abstract
The Evidence Amendment Act and the Summary Proceedings Amendment Act identifies several different procedures to be used when children give evidence in criminal cases. The legislation also allows expert witnesses to testify on a broad range of issues. A questionnaire survey was designed to obtain preliminary information how provisions of the legislation were received by different professional groups throughout New Zealand, including lawyers, judges, police officers, social workers, and other child professionals. Most respondents felt the legislative changes introduced in 1989 were beneficial. In particular, respondents indicated the new procedures significantly reduced the trauma of testifying for child witnesses. Provisions of the legislation, as reflected in recent case decisions, are interpreted. An overview of the legal system in New Zealand is provided, court reactions to the legislative changes are noted, and legal constraints on new modes of giving evidence are examined. 43 references and 4 tables