Evidence Act fears disputed

Mark Burton

One News
April 24 2007

Burton: Strict rules on act changes

The government claims video records used as evidence in court will not be able to be copied.

The new Evidence Act, due to come into effect later this year, means video-taped interviews with the victims must be handed to the accused's lawyer before any trial. Up until now rapists, paedophiles and their lawyers could only watch video of victim interviews at police stations

National police coordinator for sex abuse cases, Detective Senior Sergeant Neil Holden, has expressed fear the law change could see sexually-abused children victimised again by their abuser, with video taped interviews of their evidence posted on the internet and viewed as trophies by abusers.

But Justice Minister Mark Burton says the Evidence Act also places stringent regulations on the storage of tapes. He says the legislation bans the release of the tape to the defendant and sets out that the use of video records must be in line with regulations.

Burton says the safeguards will ensure that the video evidence is only used to ensure a fair trial and then returned and that videos do not fall into the hands of defendants or anyone else.





Radio NZ
April 24 2007; 16:28

Court evidence safeguards under development - minister

Justice Minister Mark Burton says safeguards are being developed on the use of court evidence.

Police and sexual abuse experts are concerned offenders will have access to videotaped evidence from witnesses, which will be provided to defence lawyers under the Evidence Act.

But Mr Burton says the Justice Ministry is developing restrictions on the use of video recordings.

He says defence lawyers will be required to use secure storage, copying will be banned and material will have to be returned when cases are finished.

Mr Burton says the safeguards will ensure video evidence is used only to ensure a fair trial and does not fall into the hands of defendants or anyone else.





NZ Government
April 24 2007; 16:03

Video Evidence Under Scrutiny
Press Release

Video records used as evidence in court will be subject to a ban on copying and stringent regulations on their storage, use and return, Justice Minister Mark Burton said today.

The Evidence Act, which was passed in November though is not yet in effect, replaces most of the existing evidence law on the admissibility and use of evidence in court proceedings.

The new legislation provides for the provision of a copy of a video record to the lawyer for each party before it is offered in evidence, unless the Judge directs otherwise. The legislation does not authorise release to the defendant personally and sets out that the use of video records must be dealt with in line with regulations.

These regulations are currently being developed by the Justice Ministry and will be in place before the Act comes into effect later this year.

"I have instructed Justice officials to ensure that a number of restrictions are included in the regulations. These safeguards will ensure that the video evidence is only used to ensure a fair trial and then returned, and that the videos do not fall into the hands of defendants or anyone else."
The types of restrictions that will be put in place as part of the regulations around video records include:

· A blanket ban on copying the video record.
· Requiring secure storage of the video record.
· Return of the video record at the conclusion of the case.
· Specifying how the video record may be used.

The Justice and Electoral Select Committee, which recommended the inclusion of this provision when considering the Bill, was aware of the risk to confidentiality that video records may create and so recommended that regulations be made governing the copying, custody, and return of copies of video records. The Select Committee added the regulation making power to the Act, requiring lawyers for each party to comply with the requirements set out in regulations.




NZ Herald
April 24 2007; 13:20

Minister tries to allay fears about sex case videos
NZPA

Justice Minister Mark Burton says there will be strict regulations on videos used in court evidence after fears were raised that offenders would see them as trophies.

Mr Burton said video records used as evidence in court would be subject to a ban on copying and stringent regulations on their storage, use and return.

The Evidence Act, passed in November but not yet in effect, changes evidence law on the admissibility and use of evidence in court proceedings. It allows a copy of a video record to the lawyer for each party before it is offered in evidence, unless the judge directs otherwise.

Police and child abuse experts raised concerns that offenders such as rapists or paedophiles could prize the videos as trophies or get satisfaction out of them.

But Mr Burton said the legislation did not authorise release to the defendant personally and would be controlled by regulations being developed by the Justice Ministry.

"I have instructed Justice officials to ensure that a number of restrictions are included in the regulations," Mr Burton said.

"These safeguards will ensure that the video evidence is only used to ensure a fair trial and then returned, and that the videos do not fall into the hands of defendants or anyone else."

Regulations would include:
· Blanket ban on copying the video record,
· requiring secure storage of the video record,
· return of the video record at the conclusion of the case, and
· specifying how the video record may be used.




Newstalk ZB
April 24 2007; 12:04

Govt disputes Evidence Act fears

The Government claims video records used as evidence in court will not be able to be copied.

Justice Minister Mark Burton says the Evidence Act which will come into effect later this year, also places stringent regulations on the storage of tapes. He says the legislation bans the release of the tape to the defendant and sets out that the use of video records must be in line with regulations.

Mr Burton says the safeguards will ensure that the video evidence is only used to ensure a fair trial and then returned and that videos do not fall into the hands of defendants or anyone else.

National police coordinator for Sex Abuse cases, Detective Senior Sergeant Neil Holden, yesterday expressed fear the law change could see sexually-abused children victimised again by their abuser, with video taped interviews of their evidence posted on the internet and viewed as trophies by abusers.




Newswire
April 24 2007; 12:03

Safeguards On Court Evidence Being Developed

Justice Minister Mark Burton says safeguards are being developed on the use of court evidence.

Police and sexual abuse experts are concerned offenders will have access to videotaped evidence from witnesses, which will be provided to defence lawyers under the Evidence Act.

But Mr Burton says the Justice Ministry is developing restrictions on the use of video records.

He says defence lawyers will be required to use secure storage, copying will be banned and material will have to be returned when cases are finished.

Mr Burton says the safeguards will ensure video evidence is only used to ensure a fair trial and does not fall into the hands of defendants or anyone else.