Explain The Features Of Victorian Uniform Evidence Act 2003
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The Victorian approach
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COMPELLABILITY OF SPOUSES AND OTHERS IN CERTAIN CRIMINAL PROCEEDINGS—SECTION 19
There is no equivalent provision to the NT in victoria.
The Victorian approach
The Victorian Uniform Evidence Act 2008 (VUEA) sets out a procedure for a spouse, de facto spouse, parent or child of a defendant who is called to give evidence for the prosecution and objects to giving evidence. If the court finds that harm might be caused to the person or the relationship and that harm outweighs the desirability of the evidence being given, the court may direct that the person be not required to give the evidence s 18. VUEA jurisdiction has specified offences that are excluded from this provision, for example, domestic violence offences and offences against children. The court is required to have regard to specified criteria before making the decision. The VUEA does not have an s 19.
Policy…show more content… Section 19 of the Victorian Uniform Evidence Act 2008. Evidence was presented to the court that there was a risk of significant harm to the child if he was forced to give evidence. If section 19 still applies to such offences as the Crown maintained, the Court would have no power to uphold an objection by an emotionally vulnerable child even if supported by convincing evidence that to force him or her into the witness box would bring him or her to the brink of suicide. The Victorian approach favours the welfare of the witnesses over the public