Giving evidence

Question 1

Which statutory provision concerns competance?

Answer 1

Youth Justice and Criminal Evidence Act 1999 s53

Question 2

What does YJCE Act s53(1) say?

Answer 2

At every stage in criminal proceedings all persons are (whatever their age) competent to give evidence?

Question 3

Where are the exceptions to who is competent contained?

Answer 3

S53(3)(a)(b)

Question 4

What does s53(3) say

Answer 4

if it appears to the court that a person is not able to understand questions put to him or give answers to questions that can be understood, then they are not considered competent

Question 5

What does s53(4) say?

Answer 5

A person who is charged in criminal proceedings is not competent to give evidence for the prosecution

Question 6

Why is the defendant not competent for the prosecution?

Answer 6

They have a privilege against self incrimination

Question 7

What does the Macpherson case say?

Answer 7

Children can be witnesses as long as they can understand the questions put to them and give understandable answers

Question 8

Which section of YJCE Act covers being sworn in?

Answer 8

s55(2)

Question 9

What does s55(2) say?

Answer 9

A witness cannot be sworn in unless he is over 14, has a sufficient appreciation of the seriousness of the occasion and of the responsibility to tell the truth when taking an oath

Question 10

What does s4 Oaths Act 1978 say?

Answer 10

Oath should be taken in a form appropriate to the religious belief. if they object to the oath they can give affirmation

Question 11

What is the general rule regarding compellability?

Answer 11

any witness who is competent to testify can be compelled to do so; refusal is contempt of court

Question 12

What are the 5 exceptions to the rule regarding compellability?

Answer 12

The accused
the accused's spouse or civil partner
the sovereign
a judge
bankers

Question 13

What does PACE s80 say?

Answer 13

A spouse can only be compellable if it is in relation to a specified offence

Question 14

What are some of the specified offences under s80(3) of PACE

Answer 14

a) if it involves an assault on, or injury or threat of injury to the spouse or a person who at the time was under 16
b) it is a sexual offence alleged to have been against someone who was under 16 at the time
c) it consists of attempting any of the above

Question 15

Who might special measures be put in place for when giving evidence?

Answer 15

Vulnerable and intimidated witnesses

Question 16

What does s17-18 YJCE Act say?

Answer 16

Which witnesses are eligible for special measures

Question 17

Which statutory provision outlines which witnesses are eligible for special measures?

Answer 17

s17-18 YJCE Act

Question 18

Give the four examples of people who qualify for special measures

Answer 18

younger than 18
mental/physical disorder likely to affect the quality of evidence
witnesses in fear or distress
alleged victims of sexual offences or offences under the Modern Slavery Act 2015

Question 19

Which statutory provision sets out the screening from accused special measure?

Answer 19

s23 YJCEA

Question 20

Which statutory provision sets out the evidence in private special measure?

Answer 20

s25 YJCEA

Question 21

Which statutory provision sets out the Removal of wigs and gowns special measure?

Answer 21

s26

Question 22

Which statutory provision sets out the video recorded evidence in chief special measure?

Answer 22

s27 YJCEA

Question 23

Which statutory provision sets out the video recorded cross and re-examination special measure?

Answer 23

s28 YJCEA

Question 24

When can evidence be given anonymously?

Answer 24

If it is necessary for protection and is in interest of justice and compatible with a fair trial

Question 25

which statutory provision sets out where a defendant can give evidence anonymously?

Answer 25

Coroners and Justice Act s88