SA Police officers’ camera footage to be used in domestic violence court cases for first time
Police body-worn camera footage will be allowed as evidence in domestic violence court cases from tomorrow in a move the government hopes will see more abusers convicted.
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Footage from police officers’ body cameras will be allowed as evidence in domestic-violence court cases from tomorrow, reducing the need for victims to face their alleged abuser and potentially leading to more convictions.
The option to air police recordings, such as on-scene interviews with victims, could also enable cases to go ahead even if the victim withdraws or changes their evidence.
Attorney-General Vickie Chapman said this would be possible in cases where there was “serious offending and it is the best interests of the community to pursue a conviction”.
The prospect of showing footage might also encourage more offenders to plead guilty because the evidence would be harder to dispute.
SA Police has more than 1220 body-worn cameras available to all officers on duty.
New laws make video or audio recordings they capture admissible in court if taken at the scene or “as soon as practical” following a domestic violence incident. Police must also have the consent of the victim, who must be 16 or older.
A police spokeswoman said the recordings would represent a victim’s “account, demeanour, fear and any injuries”.
The footage could be used in place of them giving evidence in court but they would still need to be available for cross-examination, if required.
Video testimony is not usually allowed in court cases because it deprives an accused of the right to face their accuser and goes against legal principles, which limit hearsay evidence.
However, Ms Chapman said the “confronting” experience of appearing in court had historically led many victims to withdraw charges. As a result, more than half of domestic-violence cases have failed to reach a conviction.
“These (victims) … have experienced significant trauma and, for some, the prospect of facing the person responsible and reliving what happened is enough to bring them to withdraw their evidence, resulting in the prosecution being dropped,” Ms Chapman said.
Commissioner for Victims’ Rights Bronwyn Killmier said “removing any unnecessary requirement to provide evidence in court would lift an avoidable burden” for victims.
SA’s Police Commissioner, Chief Magistrate and frontline welfare workers have long supported allowing such footage to show the “real harm” done by domestic violence in court.
The former Labor government pledged to make the change but did not put legislation to parliament.
DOMESTIC VIOLENCE CRISIS LINE: 1800 800 098.