Evidence Flashcards
What are the seven bad character gateways?
A. Agreement (all parties agree).
B. Blurts it out (defendant adduces evidence of his own bad character).
C. Context (important explanatory evidence).
D. Done if before (a propensity to commit that kind of offence or - if relevant - a propensity to be untruthful).
E. ‘E did it (relevant to a matter in issue between a D and co-defendant).
F. False impression (where D tries to give a false impression to the court).
G. Gets at the witness (D makes an attack on another’s character).
Which bad character gateways require leave of the court?
C. Context
D. Done it before
E. ‘E did it
F. False impression
G. Gets at the witness
For whom is a defendant a competent and compellable witness?
They are neither competent nor compellable for the prosecution.
They are competent own their own behalf or for a co-defendant. They cannot be compelled to give evidence on their own behalf.
For whom is a child or person with a disability a competent and compellable witness?
If they can understand questions and give comprehensible answers, they are competent. As long as they are competent they are compellable.
For whom is a defendant’s spouse or civil partner a competent and compellable witness?
They are competent for any party.
They can only be compelled by the prosecution when D is charged with a specified offence (including domestic abuse and child abuse).
They can be compelled to give evidence for their partner.
For whom is a deaf or speech impaired person a competent and compellable witness?
They are competent as long as they understand the oath. If they are competent they are compellable.
In terms of witness evidence, what does competence mean?
Whether the witness is permitted to give evidence to the court.
In what two circumstances will the court receive opinions from witnesses?
- The opinion relates to commonplace occurrences about which the witness’s perception appears relevant and proper e.g. identification, observation about drunkenness.
- If the witness is an expert.
In what circumstance should a judge direct a jury to accept an expert opinion as correct?
If the expert opinion and all the other evidence leads inevitably to one conclusion.
What form of questioning should be used in the examination in chief?
Non-leading.
What form of questioning should be used in cross-examination?
Leading.
What is the general rule about competence of witnesses?
All persons are competent to give evidence.
In terms of witness evidence, what is compellability?
Whether a witness, if competent, can be compelled by the court to give evidence under a legal obligation.
What is the general rule in relation to compellability of witnesses?
All persons are compellable to give evidence.
Which special measures are not available to intimidated witnesses?
- Examination through an intermediary.
- Aids to communication.
