Cross Examination

Question 1

What is cross-examination?

Answer 1

Questioning of a witness by any party other than the party calling a witness.

Question 2

R v Mustafa

Answer 2

Endorsed Serafin v Malkiewicz:
1. Those appearing in court must be treated fairly
2. Judges are under a duty to ask questions to clarify ambiguities
3. Judges should not give the impression of acting as an advocate

Question 3

What is the purpose of cross examination?

Answer 3

1. Elicit favourable evidence
2. To qualify, weaken or cast doubt upon evidence
3. To impeach witness’s credibility

Question 4

What witnesses are not liable to be cross examined?

Answer 4

• Mistaken calls
• Those who have been called by the judge (judge may grant leave)
  -Those who produce documents without being sworn

Question 5

R v Doolin

Answer 5

If a witness dies before being cross examined, chief evidence is still admittable but diminished weight.

Question 6

s34 Youth Justice and Criminal Evidence Act 1999

Answer 6

When charged with a sexual offence, the accused cannot cross examine a witness who is the complainant in connection with that offence oris the complainant in any other offence against the accused.

Question 7

s35 Youth Justice and Criminal Evidence Act

Answer 7

The accused cannot cross examine a protected witness.

Question 8

What is a protected witness?

Answer 8

s35(2) Youth Justice and Criminal Evidence Act gives offences where the complainant will be a protected witness.
- Sexual offences
- Slavery or human trafficking
- Kidnapping
- Child cruelty
- Any other offence involving assault or injury to any person
and
is either under 18 for sexual offences or slavery or under 14 for any other offence.

Question 9

Does the court have discretion to allowing the accused to cross examine?

Answer 9

s36 of Youth Justice and Criminal Evidence Act. Yes, general discretion.

Question 10

R v YGM

Answer 10

CoA set out guidance for VULNERABLE witnesses.

1. Identify limits on cross-examination as early as possible.
2. Jury should be directed as to special measures
3. If topics arise which cannot be explored in cross, judge may wish to direct jury
4. Everyone has to stay up to date in what is best practice

Question 11

Guidance for cross-examining young witnesses

Answer 11

1. Avoid ‘did he?’ tags and questions
2. Avoid suggesting wrongdoing to a young witness
3. Defence shouldn’t be put to witnesses in detail

Question 12

What are the consequences of failing to cross-examine?

Answer 12

The party is deemed to have accepted the facts of the witness. R v Wood Green Crown Court