evidence

Question 1

ordinary witness for P or D

Answer 1

competence
- yes (s.53(1) YJCEA)

Compellable?
- yes

Question 2

defendant as witness for P

Answer 2

competence
- no (s.53(4) but subject to s.53(5))

compellable
- no

Question 3

defendant as witness for himself

Answer 3

competence
- yes (c.1 CEA 1898

compellable
- no (s.1(1) CEA 1998 BUT s.35 CJPOA adverse inference)

Question 4

co-defendant as witness for another co-D

Answer 4

competences
- yes (s.1 CEA)

Compellable:
- no (s.1(1 CEA)

Question 5

co-D as witness for P

Answer 5

competence
- NO (s.53(4) YCJEA), but subject to s.53(5))

compellable
- No (s.1(1) CEA 1898)

Question 6

spouse/CP of D as witness for P

Answer 6

competence
- yes (s.53(1))

compellable?
- yes (s.80(2A)b) but only if s.80(3) PACE applies

Question 7

spouse/CP of D as witness for D

Answer 7

competence
- yes (s.53(1))

compellable?
- yes (s.80(2A)b) unless jointly charged with D (s.80(4))

Question 8

spouse/CP of D as witness for co-d

Answer 8

competence
- yes (s.53(1))

compellable?
- yes (s.80(2A)b) but only if s.80(3) PACE applies

Question 9

advantage of not giving evidence as D

Answer 9

if evidence week, and no case can be made, no need for D to give evidence

Question 10

disadvantage of not giving evidence as D

Answer 10

s.35 adverse inference

Question 11

exam structure for competence/compelability of witnesses

Answer 11

1. what kind of witness?
2. who is calling witness?
3. competent? statutory ref
4. can he/she be compelled?

Question 12

opression under s.76(2)a

Answer 12

defined in s.76(8))

• e.g. threatening use of gas cannister
• ordinary dictionary meaning (R v Fulling)

Question 13

unreliability under s.76(2)b

Answer 13

identify ‘things said or done’

• breaches of PACE?
• other conduct like lying about having evidence/witness against them?

Question 14

R v Hunter

Answer 14

confirms R v Vye

good character = no previous convictions or cautions recorded are old, minor, and not relevant to current charge

some D are entitled to a modified good character direction (‘effective good character’)

Question 15

bad character

Answer 15

• previous criminal convictions
• other reprehensible behaviour
• can be admissible under s.101(1)d (relevant to an important matter in issue between D and P)

Question 16

propensity to commit offences of the kind which he is charged

Answer 16

1. offences of the same description

2, offences of the same category

Question 17

hanson

Answer 17

no min number of events required to show propensity but the fewer convictions the weaker the evidence

• one single one probably not enough unless unusual in the circumstances

Question 18

turnbull guideliens

Answer 18

one - prosecution case depends wholly or substantially on correctness of the identification evidence

two - evidence is disputed

Question 19

elements of the turnbull warning

Answer 19

one - reason (judge should instruct jury the reason for the warning - mistaken witnesses can be convincing)

two - circumstances (ask jury to examine circumstances)

three - specific weaknesses (in ADVOKATE)

Question 20

ADVOKATE

Answer 20

Amount of time under observation

distance between witness and what they saw

visability

obstruction

known or seen before

any reason to remember

time lapse between when witness saw it and identification

error or material discrepancy?