Examination of Witnesses Flashcards
When must a witness be sworn or affirm before giving evidence?
A. Only if they are over 18
B. Always, unless they cannot appreciate the solemnity of the oath
C. Only if giving evidence for the prosecution
D. Only if testifying in chief
B. Always, unless they cannot appreciate the solemnity of the oath
Explanation:
All witnesses must be sworn unless they are children or persons with mental incapacity who cannot understand the solemnity of taking an oath (Youth Justice and Criminal Evidence Act 1999, s.55).
A hostile witness is one who:
A. Is angry at the court
B. Is uncooperative under cross-examination
C. Is unwilling to tell the truth for the party calling them
D. Refuses to attend trial
C. Is unwilling to tell the truth for the party calling them
Explanation:
A hostile witness shows through their conduct that they are not “desirous of telling the truth.” The party calling them may apply to treat them as hostile.
In examination in chief, what type of questions should be asked?
A. Leading questions
B. Open non-leading questions
C. Hypothetical questions
D. Only yes/no questions
B. Open non-leading questions
Explanation:
In examination in chief, non-leading, open-ended questions are used to allow witnesses to tell their version of events without being prompted to give a specific answer.
Ahmed is called to court. He refuses to swear an oath but agrees to affirm. Is this acceptable?
A. No, he must swear on a holy book
B. Yes, affirmation is legally equivalent to an oath
C. No, only an oath is acceptable in criminal proceedings
D. Yes, but only if the judge agrees
B. Yes, affirmation is legally equivalent to an oath
Explanation:
An affirmation has the same legal effect as an oath. No distinction is made between them in the eyes of the law.
A spouse can be compelled to give evidence for the prosecution in which situation?
A. When the accused is charged with theft
B. When the accused is charged with domestic assault against the spouse
C. When the accused is charged with tax fraud
D. When the accused is charged with burglary
B. When the accused is charged with domestic assault against the spouse
Explanation:
Under PACE s.80, spouses can be compelled to testify for the prosecution in cases involving violence or abuse against themselves or children under 16.
Layla, a witness, forgets some key facts while giving evidence. What can she do?
A. Leave the courtroom
B. Give an opinion instead
C. Refresh her memory from her earlier written statement
D. Ask the judge for the answer
C. Refresh her memory from her earlier written statement
Explanation:
Under s.139 Criminal Justice Act 2003, a witness may refresh their memory from a contemporaneous statement if it provides a significantly better recollection.
During cross-examination, a barrister accuses a witness of lying but never puts that accusation directly to the witness. What is the consequence?
A. The judge must stop the trial
B. The accusation is treated as withdrawn
C. The witness can sue for defamation
D. The opposing counsel must intervene
B. The accusation is treated as withdrawn
Explanation:
If an allegation is not put to a witness in cross-examination (Browne v Dunn rule), it is treated as not made.
A defendant wants to cross-examine the complainant about their previous sexual history. What must they do first?
A. Ask the judge for permission under Youth Justice and Criminal Evidence Act 1999 s.41
B. Submit a bad character application
C. Submit a hearsay notice
D. Nothing; it is automatically allowed
A. Ask the judge for permission under Youth Justice and Criminal Evidence Act 1999 s.41
Explanation:
Questions about a complainant’s sexual history are strictly regulated and require the court’s leave under s.41 of the 1999 Act.
In a trial, a witness says in court that they saw the defendant stab someone. Their earlier statement to police said they only heard shouting. How should this be handled?
A. Ignore the discrepancy as it is minor
B. Allow the witness to explain the contradiction later
C. Use the police statement to challenge credibility under s.119 CJA 2003
D. Immediately exclude the witness’s evidence
C. Use the police statement to challenge credibility under s.119 CJA 2003
Explanation:
A previous inconsistent statement can be used under s.119 to challenge the witness’s credibility and, if necessary, to prove the content of the earlier statement.
During cross-examination, a defence barrister accuses a witness of lying about their profession but produces no evidence of it later. What applies?
A. The case must be retried
B. The witness is automatically deemed a liar
C. Finality on collateral matters applies; the answer stands
D. The prosecution must prove the truth
C. Finality on collateral matters applies; the answer stands
Explanation:
Collateral matters are final. The defence cannot call evidence to contradict the witness on irrelevant credibility issues.
In re-examination, the barrister wants to lead the witness with yes/no questions about a disputed event. Is this allowed?
A. No, leading questions are not permitted in re-examination unless the matter is undisputed
B. Yes, leading questions are always allowed
C. Yes, but only if the judge agrees without hearing from the other side
D. No, re-examination is only for hostile witnesses
A. No, leading questions are not permitted in re-examination unless the matter is undisputed
Explanation:
Re-examination must follow the same rules as examination in chief: no leading questions unless it concerns undisputed matters.
A barrister aggressively cross-examines a vulnerable witness until they break down crying. The judge considers the cross-examination unfair. What can the judge do?
A. Order the advocate to apologise immediately
B. Stop the questioning and direct that questioning must be fair and necessary
C. End the trial and declare a mistrial
D. Ignore the situation as witnesses should be tough
B. Stop the questioning and direct that questioning must be fair and necessary
Explanation:
Judges have a duty to protect witnesses and can control cross-examination if it becomes unfair, aggressive or oppressive.
