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Criminal Procedure Act 2011

Procedure before trial - Provisions applying only to jury trial procedure - Oral evidence orders

93: Further consideration if application for oral evidence order for complainant in case of sexual nature

You could also call this:

"Considering if a complainant in a sexual offence case should give evidence in person"

Illustration for Criminal Procedure Act 2011

When you are in court for a case about a sexual offence, the court thinks about whether the person who made the complaint should give evidence in person. This happens when the court is deciding if it should make an order under section 92 for the person to be questioned. The court does this for cases about certain offences in the Crimes Act 1961, like sections 128 to 142A, or section 144A.

The court also thinks about these things for cases about other sexual offences, or for being involved in these offences, or for planning to commit them. When the court is making this decision, it must think about the things mentioned in section 92(1). The court must also consider how vulnerable the person who made the complaint is and how giving evidence in person would affect them.

The court looks at how the person who made the complaint might be affected by giving evidence in person. It thinks about how this could impact them and if they are particularly vulnerable. This helps the court make a decision about whether the person should give evidence in person.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360159.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal helpCrime and justice > Victim support
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92: Making oral evidence order, or

"Asking the court to let you tell your story in person"

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94: Withdrawal of charge if oral evidence order made for examination of undercover Police officer or intelligence witness, or

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Part 3Procedure before trial
Provisions applying only to jury trial procedure: Oral evidence orders

93Further consideration if application for oral evidence order for complainant in case of sexual nature

  1. This section applies if the court is considering whether to make an oral evidence order under section 92 for the examination of the complainant in a proceeding for—

  2. any offence against sections 128 to 142A of the Crimes Act 1961:
    1. any offence against section 144A of the Crimes Act 1961:
      1. any other offence against the person of a sexual nature:
        1. being a party to the commission of any offence referred to in paragraph (a), (b), or (c):
          1. conspiring with any person to commit any of those offences.

            1. The court must, in addition to the matters in section 92(1), consider—

            2. the particular vulnerability of the complainant; and
              1. the impact on the complainant of giving oral evidence.