New Zealand Law Society - Evidence Act 2006 – misconceptions and Example Directions – NZLS feedback

Evidence Act 2006 – misconceptions and Example Directions – NZLS feedback

In August 2023, Te Kura Kaiwhakawā Institute of Judicial Studies published Example Directions responding to misconceptions on sexual offending. The Example Directions are intended to “provide guidance for judges and lawyers as the first cases came to court that were required to take section 126A of the Evidence Act 2006 into account”. Legal professional organisations raised concerns about the example directions, and were invited to provide further feedback. The Law Society, assisted by its Criminal Law Committee, has now detailed its concerns, primarily being that the example directions do not accurately reflect the position that many myths and misconceptions remain the subject of expert controversy. The Law Society has also raised that the overall tenor and structure of the Example Directions may be read as creating a presumption of guilt, or at the very least a presumption that issues raised by the defence are irrelevant or incorrect.

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