Exam in Chief

Question 1

What is the procedure if a witness does not recall a detail?

Answer 1

1. Does this matter?
2. Consult opposition on whether there is scope to pose a leading question

Question 2

s139 Criminal Justice Act

Answer 2

Use of documents to refresh memory
Was their memory likely to be better then than it is now?

Question 3

What is a hostile witness?

Answer 3

A witness who show no desire to tell the truth, is not merely unfavourable.

Question 4

How will a judge treat an application for a witness to be treated as hostile?

Answer 4

May instantly allow it, allow memory refreshing or require counsel to ask more questions.

Question 5

R v Pestano

Answer 5

Counsel should make an application as soon as the witness shows unmistakable hostility.

Question 6

What is the consequences of a successful application to treat a witness as hostile?

Answer 6

The party calling may cross examine

Question 7

Previous complaints of an alleged offence- are they admissible?

Answer 7

Yes. Used to only be for sex offences. CJA 2003 changed.

Question 8

What does s139 of CJA apply to?

Answer 8

Revival of present recollection.

Question 9

s120 CJA

Answer 9

(6) regards whether a witness is reasonably expected to remember the contents of a document.