11-Witnesses Flashcards
what are witnesses
people who are expected to give oral evidence under oath in court.
what are available to vulnerable witnesses
special measures
which act can the special measures be seen under
youth justice and criminal evidence act
who can’t be forced to testify
a competant/ compellable defence/prosecution witness
accused spouse or partner as specificed by s80 PACE
which relations are unable to give evidence against accused
spouse/partner
what age can someone give sworn evidence
14 and over
what happens if someone doesn’t understand
can give unsworn evidence YJCEA S56
who is an examination in chief
person who called the witness
when can leading questions be asked
when it is on agreed facts
who shouldn’t ask leading questions
person who called the witness
r v richardson
witness allowed to refresh memory before speaking
what is allowed in the witness box
a verified document is also allowed in box CJA 2003
what can’t be used twice
a bad witness
what can’t be suggested about a witness
that they are lying unless they are said to be hostile
what is a hostile witness
someone who intentionally lies or tries to avoid giving truth, can forget facts
what is needed to make a witness hostile
must obtain leave of court.
what happens if leave of court to grant someone hostile is given
leading questions can be asked but can’t bring up things such as bad character or prior convictions CPA 1865
if witness admits being hostile what does evidence become
hearsay according to CJA 2003 s119
what type of examination allows for leading questions
cross examination
who are also classified as those who get special measures
those eligible under fear and distress s17
what do the special measures for witnesses include
screening witnesses, live link, removal of wigs, video recorded evidence, sitting with family,
when must someone apply for special measures
pre trial
who directs jury not to be bias to witness and under what act
the judge and s 32 of youth criminal justice evidence act
