A Domestic Violence Evidence in Chief Video (DVEC) is a recorded statement either in audio or video form from the compliant/alleged victim. This DVEC then forms the evidence of the alleged victim in a defended hearing.
It is a criminal offence to publish the DVEC on the internet or provide copies without permission. (Criminal Procedure Act 1986, section 289P)
There are a number of rules associated with these videos and the rules of evidence still apply. DVEC’s are typically taken soon after the incident and often at the scene by the Police so there are often parts of the DVEC that would ordinarily be inadmissible in court contained within the video. It is for this reason that you need to ensure that your solicitor has experience not only in criminal law but experience is dealing with DVEC’s as they can be very tricky for a solicitor to navigate in court let alone a unrepresented litigant.
What are the rules associated with the DVEC?
Some of these rules include but are not limited to:-
- The victim must give informed consent
- Can only be used for an associated charge such as assault, destroy or damage property, intimidation
- Cannot be used for witnesses
- Cannot be used for children
- Must be made as soon as practicable
Does the Prosecution/Police require the victim’s consent to play the DVEC in court?
Technically speaking no, however, the Prosecutor should take into account the victims views on the matter including their attitude to the video being played.
The alleged victim must still attend court if subpoenaed to be cross examined if required. Failure to attend court may mean that the prosecution can seek a warrant.
Why did I only receive an audio copy?
The Police will only serve an audio copy on a defendant, you can arrange to view the video by oragnising a viewing of the DVEC. If you have a lawyer they will arrange for the video of the DVEC to be served upon them.
Catron Simmons Lawyers have over 35 years experience, we have experience and ran training for the NSW Police Force in how to prepare and make a DVEC. Catron Simmons Lawyers are domestic violence specialists and have extensive experience as ex-prosecutors. We use all that experience to represent you.
Free telephone consultations 0407 171 626.