5. Course of Evidence - Progress test 5

Question 1

What is the role of a judge in a trial by jury?

Answer 1

When a judge is presiding over a trial by jury, his or her role is to:
− decide all questions concerning the admissibility of evidence
− determine whether there is any evidence that is fit to be submitted to the jury for its
consideration
− explain and enforce the general principles of law applying to the point at issue
− instruct the jury on the rules of law by which the evidence is to be weighed once it has
been submitted.

Question 2

Define “leading question” under s4 of the Evidence Act 2006.

Answer 2

A leading question is one that directly or indirectly suggests a particular answer to the question.

Question 3

What is the purpose of cross-examination?

Answer 3

There are two purposes of cross-examination:
− to elicit information supporting the case of the party conducting the cross-examination
− to challenge the accuracy of the testimony given in evidence-in-chief, for example, by casting doubt on the witness’s veracity, or by eliciting contradictory testimony.