CLP 5 - witnesses

Question 1

Pre-trail matters 2

Answer 1

These concern applications and hearings that may be made.

Question 2

Pre-trail matters 2:
What application would be made if:
- the defence wants to exclude evidence under s.78
- either party wants to introduce bad character or hearsay evidence?

Answer 2

An evidence application

Question 3

When is the most common time to deal with an application to exclude evidence or introduce inadmissible evidence?

Answer 3

On the day of the trial

Question 4

Pre-trail matters 2
What special measure could be put in place for a minor?

Answer 4

• Screens
• TV link
• Giving evidence in private
• Removing wigs and gowns
• Video recording evidence
• Pre-recording cross-examination and re-examination
• Questioning via an intermediary
• Aids to communication

Question 5

Pre-trail matters 2
What are the eligibility criteria for special measure to be put in place?

Answer 5

• under 18 automatic
• mental disorder
• fear and distress and evidence won’t be diminished
• adult complainants of sexual offences
• modern slavery adults
• Witnesses in homicide, firearms and knife cases

Question 6

Pre-trail matters 2
When can vulnerable defendants appear by live link?

Answer 6

• the accused is under 18 AND ability to participate is compromised by their intellectual ability.
• the accused is 18 or over and has a significant mental disorder

Question 7

Pre-trail matters 2
When can a witness summons be issued demanding a witness appear at court or provide a written statement.

Answer 7

• the witness is likely to be able to give material evidence; AND
• it is in the interests of justice to issue the summons

Question 8

Pre-trail matters 2
Can D change his plea from ‘not guilty’ to ‘guilty’?

Answer 8

Yes, at any time before the jury return their verdict.

Question 9

Pre-trail matters 2
Can D change his plea from ‘guilty’ to ‘not guilty’?

Answer 9

They can apply to the court and then its for the judges discretion (but v. rare will allow).

Court will reject where D has been represented properly.

Question 10

Pre-trail matters 2
When D is trying to change his plea from ‘guilty’ to ‘not guilty’ what does advised properly mean?

Answer 10

• proper advice has been given,
• no undue influence
• plea was unequivocal

e.g. the prosecution has no evidence of an essential ingredient of the offence.