Materials comprised of a Paper and PowerPoint Handout. 

Presenters:

Samira Taghavi, Barrister and Practice Manager, Active Legal Solutions

Scott Brickell, Barrister, Augusta Chambers

Chair: Julie-Anne Kincade KC, Barrister, Augusta Chambers

Synopsis:

Navigating Controversial Changes 

The December 2022 amendments to the Sexual Violence Legislation Act 2021 introduced controversial and substantial changes to the Evidence Act 2006 (“the Act”). It is essential that criminal lawyers understand the implications of these changes and how to deal with them going forward.

Since the changes came into effect on 21 December 2022, seize the opportunity, one year on, to  consider how the amendments are working in practice.

It's a practical guide for legal professionals seeking to understand, adapt, and confidently address the challenges posed by these transformative amendments.

Highlights:

1. In-Depth Exploration: Delve into the significant amendments to the Act, gaining insights into the reasons behind their implementation.

2. Practical Guidance: Our seasoned speakers will share practical guidance and effective strategies to help you confidently navigate the legal intricacies arising from these changes.

3. Judicial Directions Discussion: Engage in a thought-provoking discussion on concerns raised following the release in August 2023 of new directions in sexual assault cases by Te Kura Kaiwhakawā.

These Materials will help you:

• Updates on Evidence Act 2006: Stay updated on the changes to the Evidence Act 2006 that took effect on 21 December 2022 and the purported reasons behind the amendments.
• New Judicial Directions: Gain an understanding of the recently released judicial directions titled "Responding to Misconceptions about Sexual Offending: Example Directions for Judges and Lawyers".
• Concerns Regarding the Judicial Directions: Familiarise yourself with concerns related to these directions and how these can be addressed during trial.
• Insights into Section 44: Gain insights into the heightened threshold now provided for under s 44 of the Act, especially regarding evidence or questioning related to the complainant’s prior sexual experience with the defendant, with others and their sexual disposition.
• Pre-Trial Recording and Cross-Examination: Get to grips with the implications of pre-trial recording of evidence and cross-examination of complainants as allowed under ss 106C – 106J of the Act.

Intended Audience:

All Criminal practitioners of all levels, law clerks and legal researchers involved in judge-alone and jury trials.