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Witness familiarisation : Memorandum from Nikki Pender, Barrister to Chief Victims Advisor memorandum

By: Pender, Nikki.
Material type: materialTypeLabelBookPublisher: Chief Victims Advisor to Government, Ministry of Justice, 2021Description: electronic document (15 pages) : PDF file: 300 KB.Subject(s): New Zealand. Office of the Chief Victims Advisor | ADOLESCENTS | CHILD SEXUAL ABUSE | COURTS | CRIMINAL JUSTICE | EVIDENCE | RAPE | SEXUAL VIOLENCE | YOUNG PEOPLE | NEW ZEALANDOnline resources: Download memorandum, PDF, 300 KB | Chief Victims Advisor website Summary: This paper considers academic studies and case law as to the ethical bounds of witness preparation. It uses the term ‘witness familiarisation’ to mean permissible training that is designed to demystify the trial process, improve the witness’ ability to communicate oral evidence and enhance their overall experience; this can be contrasted to ‘coaching’ which can (or can appear to) influence the content of a witness’ evidence through preparation and rehearsal. The paper also outlines a proposed structure of a witness familiarisation programme that is independent of police and prosecutors. It posits the possibility of a pilot programme and suggests a methodology for analysing the results of such a trial. (From the document). Record #7398
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Memorandum from Nikki Pender, Barrister to Chief Victims Advisor, September 2021

This paper considers academic studies and case law as to the ethical bounds of witness preparation. It uses the term ‘witness familiarisation’ to mean permissible training that is
designed to demystify the trial process, improve the witness’ ability to communicate oral evidence and enhance their overall experience; this can be contrasted to ‘coaching’ which
can (or can appear to) influence the content of a witness’ evidence through preparation and
rehearsal.

The paper also outlines a proposed structure of a witness familiarisation programme that is independent of police and prosecutors. It posits the possibility of a pilot programme and
suggests a methodology for analysing the results of such a trial. (From the document). Record #7398