Court

Question 1

Examination-in-chief

Answer 1

When witness is called they will be questioned by advocate representing party calling them: this is examination-in-chief

Question 2

When can leading questions be asked

Answer 2

Never unless on uncontested facts and with leave of the bench

Question 3

Witness refreshing memory

Answer 3

Court may allow witness to refresh their memory in witness box from notes made at the time/shortly after incident (contemporaneous notes)

Generally witness should refresh their memory before giving evidence

Under no account are witnesses to refer to documents not in public domain or that have not been disclosed

Question 4

Cross examination

Answer 4

After witness questioned by examination-in-chief they may be cross examined by other parties.

If witness not said anything to damage prosecution or which other disagree there may be no need for cross-examination. In this case witnesses account generally taken as accepted.

Question 5

Re-examination

Answer 5

After cross-examination party that called witness may re-examine.

Questions to be kept to clarify matters under cross-examination.

Court may recall witness for further or cross-examination.

Question 6

Lay witness

Answer 6

Tell something they know/witnessed about a case

Question 7

Professional witness

Answer 7

Tell court factual matters about their work. FIT usually

Question 8

Expert witness

Answer 8

Tell court their opinion relating to facts based on specialist knowledge or experience. May be FIT.