CLP 5 - Witnesses

Question 1

Is a defendant competent to be a prosecution witness?

Answer 1

No - therefore cannot be compelled by prosecution. Unless they have plead guilty when they may be called as a witness by the prosecution against a co defendant.

Question 2

Is a defendant competent to be a DEFENSE witness for another defendant?

Answer 2

Yes but they cannot be compelled to do so.

Question 3

Are children/ those with a disorder competent to be witnesses?

Answer 3

Yes, if:
- they understand the questions AND
- they can give comprehensible answers

If competent, they can be compelled

Question 4

Can a spouse be competent witness

Answer 4

Yes

Question 5

Can Deaf or speech impaired people be witnesses?

Answer 5

Yes as long as they understand the solemnity of taking oath

if competent, they are compellable

Question 6

When can a spouse be compelled to give evidence for the prosecution?

Answer 6

Only for:
- domestic violence
- assault or injury to a child under 16
- sexual offence against someone under 16
- attempts, conspiring, aiding and abetting of any of the above.

Question 7

When can a witness give an opinion rather than a fact?

Answer 7

• the opinion is in relation to a common place occurrence about which the witness’s perception appears relevant and proper
• they’re an expert.

Question 8

Can a witness (who is not the defendant) refuse to give evidence if it might incriminate him?

Answer 8

Yes

Question 9

When can a jury be instructed to accept expert opinion as correct?

Answer 9

when the expert opinion and all the other evidence leads inevitably to only one conclusion.

Question 10

What are the two types of legal professional privilege to consider

Answer 10

Litigation privilege, and
legal advice privilege

Question 11

when can a child take an oath / affirmation?

Answer 11

have sufficient appreciation of the solemnity of taking oath

Question 12

What is the remedy if one refuses to take an oath/affirmation

Answer 12

contempt of court

Question 13

Can questions be leading for examination in chief?

Answer 13

no - the response may be inadmissible or carry less weight

Question 14

what is a hostile witness?

Answer 14

one that the judge forms the view that they are not desirous of telling the truth

Question 15

What does a hostile witness allow?

Answer 15

Witness statement can be put to the witness and inconsistencies used to prove the truth of the statement notwithstanding the statement was not made under oath in court

Question 16

Can complaints about an allegation be admissible?

Answer 16

Yes.

Question 17

Can an accused point to an earlier statement if they are accused of a recent fabrication?

Answer 17

Yes

Question 18

Can questions be leading for cross-examination?

Answer 18

Yes

Question 19

Can police witness statements be admitted into evidence?

Answer 19

Normally no. But if the evidence being given in court departs materially from the statement, the earlier witness statement can be called to evidence.

Question 20

When would the court allow evidence to be admitted in relation to a collateral issue (i.e. one not directly related to the matter at hand).

Answer 20

If it shows a witness may be biased