The dangers of pre-recorded evidence: As soon as practicable?

Abstract

This article examines the impacts of giving pre-recorded evidence on complainants in family violence matters in the Australian Capital Territory (ACT). The use of pre-recorded evidence in the ACT was enabled in 2015 by the Crimes (Domestic and Family Violence) Legislation Amendment Act, which aimed to protect family violence complainants from being further traumatised by this element of the criminal justice process. The author examines this legislation in light of the effects of trauma on short-term memory and concludes the requirement that pre-recorded evidence be given 'as soon as practicable' after a family violence incident may be doing complainants more harm than good.