Pre-recording testimony in New Zealand: Lawyers’ and victim advisors’ experiences in nine cases

Abstract

This paper reports on lawyers’ and victim advisors’ experiences with nine pre-recorded hearings involving young people as witnesses in criminal court cases in Auckland. Focus groups, interviews and a questionnaire were used to elicit perceived advantages and disadvantages, issues in the preparation for hearings, conducting the hearings and showing the pre-recordings at trial. Although the sample is not large enough to generate definitive conclusions, 21 of 24 participants described pre-recorded hearings positively with only two prosecutors and one defence counsel expressing concern about increasing the use of pre-recording in the future. Participants raised a series of practice issues which could readily be addressed. Presuming provision to recall the child if necessary, late or incomplete disclosure from third parties is the only significant challenge to these pre-recorded hearings. The logistical challenge of accessing timely relevant information from child protection records was overcome in Auckland through the development of an inter-agency protocol. Pre-recording children’s and young people’s entire evidence appeared to be a constructive contribution to the criminal justice system.