11-Witnesses Flashcards

1
Q

what are witnesses

A

people who are expected to give oral evidence under oath in court.

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2
Q

what are available to vulnerable witnesses

A

special measures

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3
Q

which act can the special measures be seen under

A

youth justice and criminal evidence act

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4
Q

who can’t be forced to testify

A

a competant/ compellable defence/prosecution witness

accused spouse or partner as specificed by s80 PACE

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5
Q

which relations are unable to give evidence against accused

A

spouse/partner

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6
Q

what age can someone give sworn evidence

A

14 and over

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7
Q

what happens if someone doesn’t understand

A

can give unsworn evidence YJCEA S56

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8
Q

who is an examination in chief

A

person who called the witness

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9
Q

when can leading questions be asked

A

when it is on agreed facts

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10
Q

who shouldn’t ask leading questions

A

person who called the witness

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11
Q

r v richardson

A

witness allowed to refresh memory before speaking

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12
Q

what is allowed in the witness box

A

a verified document is also allowed in box CJA 2003

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13
Q

what can’t be used twice

A

a bad witness

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14
Q

what can’t be suggested about a witness

A

that they are lying unless they are said to be hostile

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15
Q

what is a hostile witness

A

someone who intentionally lies or tries to avoid giving truth, can forget facts

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16
Q

what is needed to make a witness hostile

A

must obtain leave of court.

17
Q

what happens if leave of court to grant someone hostile is given

A

leading questions can be asked but can’t bring up things such as bad character or prior convictions CPA 1865

18
Q

if witness admits being hostile what does evidence become

A

hearsay according to CJA 2003 s119

19
Q

what type of examination allows for leading questions

A

cross examination

20
Q

who are also classified as those who get special measures

A

those eligible under fear and distress s17

21
Q

what do the special measures for witnesses include

A

screening witnesses, live link, removal of wigs, video recorded evidence, sitting with family,

22
Q

when must someone apply for special measures

A

pre trial

23
Q

who directs jury not to be bias to witness and under what act

A

the judge and s 32 of youth criminal justice evidence act