Body-Worn Cameras and Domestic Violence Evidence Law Passed in Northen Territory

The Northern Territory government passed the Justice Legislation Amendment (Body-worn Video and Domestic Violence Evidence) Bill 2016 (the Bill) to allow complainants' recorded statement(s) to be admitted as evidence in domestic violence proceedings. The Bill also allows police officers to use body-worn video cameras to obtain evidence and facilitate the admission of recorded statements of complainants in domestic violence offence proceedings.

The Bill was introduced into the Legislative Assembly on 30 November 2016 by the Attorney-General Ms Natasha Fyles. The Bill was passed in the Legislative Assembly on 14 March 2017.

Overview of the Bill

According to the secondary materials, the Bill will amend the Evidence Act 1939 (NT) (the Evidence Act) to insert definitions of  "complainant", "domestic violence", "domestic violence offence", "domestic violence offence proceeding" and "recorded statement" in Section 4 of the Act. The definition of ‘vulnerable witness’ will be amended in section 21A(1) of the Evidence Act by inserting new paragraph (ca), which states that a complainant in a domestic violence offence proceeding is automatically a vulnerable witness. Part 3 of the Evidence Act will be automatically applied by courts in domestic violence proceedings to assist a vulnerable witness to give evidence, unless the court orders otherwise. Part 3A will be inserted into the Evidence Act in relation to the admission of a complainant's recorded statement in domestic violence proceedings. 

Besides that, the Bill also amends the Surveillance Devices Act 2007 (NT) (the SD Act) as the definition of body-worn video cameras will be stated as "equipment worn on the person of a police officer that is capable of recording visual images or sound or both". Section 11(2) of the SD Act will be amended to allow police officers to use the body-worn video cameras in necessary situations in accordance with Section 14A of the SD Act. With the amendment in section 53(3) of the SD Act, police officers can use the  information obtained from the  body-worn video cameras to carry out enforcement function as long as it is within the exercise of the law, or in connection with education and training of police officers.

The Bill has consequential amendments to the Local Court (Criminal Procedure) Act 1928 (NT) (the LCCP Act). A note will be inserted in section 60AE(2) of the LCCP Act to exclude the requirement of a transcript for a recorded statement in domestic violence offence proceedings. However, a note will be inserted in Section 105F(1) of the LCCP Act to require a transcript of a witness’recorded statement and witness have to make a statutory declaration declaring that the recorded statement is true.

Purpose of the Bill

The Bill was passed to empower victims of domestic violence and hold the perpetrators accountable in domestic violence offence proceedings. The Attorney-General in her Second Reading Speech stated that the Bill responds to the result of a shocking violation of trust:

The purpose of having a recorded statement at or soon after a domestic violence incident is to reduce complainants' trauma involved in the court process. The Bill is based on similar legislation introduced in New South Wales in 2015 and in the Australian Capital Territory in 2016. 

Similar Legislation

Since the Australian Capital Territory implemented similar legislation in 2016, a Canberra Times article stated that body-worn video cameras helped complainants of domestic violence. Complainants no longer have to go to police stations to make statements. Complainants' injuries could be clearly shown on the camera. There was also a significant increase of early guilty pleas by defendants in USA and UK since the introduction of similar legislation.

Privacy issues may surface as complainants of domestic violence are being filmed at home in a vulnerable state. A strict policy on the storage and assessment of body-worn cameras is required, which is addressed in the Bill. Additionally, in the article, it is clear there is large  support for the use of body-worn video cameras in domestic violence proceedings for the complainants. However, there should be equal access to the footage recorded by the body-worn cameras by the defence lawyers in order to achieve procedural fairness. This NT legislation now adds to the growing number of jurisdictions that have now implemented this type of law.

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Justice Legislation Amendment (Body-worn Video and Domestic Violence Evidence) Bill 2016 and Second Reading Speech and Explanatory Material as reported in the TimeBase LawOne Service

Body-worn cameras could help police gather domestic violence evidence (Canberra Times)