Competence, Compellability And Special Measures

Question 1

D’s cannot be compelled to testify in defence

Answer 1

S 1(1) CEA 1898

Question 2

Inferences from failure to testify or answer any q

Answer 2

S 35 CJPOA 1994

Question 3

Cowan direction:

Answer 3

Burden of proof remains on pros
D entitled to remain silent
Inference from failure to testify alone cannot prove guilt
Jury must first be satisfied pros had established case to answer
If jury conclude silence can only sensibly be attributed to D having no answer that would stand up to cross ex, may draw inference

Question 4

Dixon

Answer 4

Entitled to draw adverse inferences under s 35 CJPOA despite D having low IQ and learning difficulties

Question 5

Compellability of spouses

Answer 5

Common law: exception so not compellable (cohabitees are not spouses (Pearce))
PACE ss 80(2A)(b) and (3): where offence involves assault to family member or sexual offence of person under 16

Question 6

Protective measures for vulnerable Ws

Answer 6

S 51 CJA 2003: live link

Ss 16-27, ss 29-33 YJCEA

Question 7

Protection for child Ds

Answer 7

Ss 33A, 33B and 33BB

Question 8

R v Davis

Answer 8

Cumulative effect of protective measure meant breach of art 6(3)(d) and departure from common law principles as meant D could not test Ws credibility

Question 9

Witness anonymity measures

Answer 9

CJA 2009 ss 86-96

Question 10

Starting point: all Ws competent

Answer 10

S 53(1) YJCEA 1999