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Evidence Act 2006

Trial process - Corroboration, judicial directions, and judicial warnings

121: Corroboration

You could also call this:

"When is other evidence needed to back up the main evidence in a court case?"

Illustration for Evidence Act 2006

When you are in a criminal court case, the prosecution does not always need other evidence to back up their main evidence. However, there are some exceptions, such as if someone is accused of perjury, which is lying under oath, as stated in section 108 of the Crimes Act 1961, or false oaths, as stated in section 110 of the Crimes Act 1961. You also need to consider false statements or declarations, as stated in section 111 of the Crimes Act 1961, and treason, as stated in section 73 of the Crimes Act 1961. If there is a jury in the court case, the Judge does not have to warn them that it is dangerous to make a decision based on evidence that is not backed up by other evidence, or give any direction about the lack of corroboration, except as stated in section 122.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393960.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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120: Persons who may sign statements by assumed name or anonymously, or

"Who can use a fake name or stay secret when signing a statement as evidence?"

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122: Judicial directions about evidence which may be unreliable, or

"The Judge warns the jury to be careful with evidence that might not be true."

Part 3Trial process
Corroboration, judicial directions, and judicial warnings

121Corroboration

  1. It is not necessary in a criminal proceeding for the evidence on which the prosecution relies to be corroborated, except with respect to the offences of—

  2. perjury (section 108 of the Crimes Act 1961); and
    1. false oaths (section 110 of the Crimes Act 1961); and
      1. false statements or declarations (section 111 of the Crimes Act 1961); and
        1. treason (section 73 of the Crimes Act 1961).

          1. Subject to subsection (1) and section 122, if in a criminal proceeding there is a jury, it is not necessary for the Judge to—

          2. warn the jury that it is dangerous to act on uncorroborated evidence or to give a warning to the same or similar effect; or
            1. give a direction relating to the absence of corroboration.