Giving Evidence at Court Flashcards
Q: What is the general rule on giving evidence in court?
All witnessed aged 14 or over should give evidence on oath or make an affirmation.
Q: What is evidence in chief?
Once a witness has been sworn in, they will be questioned by the advocate who called them: either prosecution or defence.
This happens to all witnesses, with the exception of witnesses the prosecution make available for cross examination by the defence and who do not require an individual examination in chief. For example, police officers who all witnessed the same incident. One may give evidence in chief and the others may be required for cross examination by the defence
Q: What is examination in chief?
The party who calls a witness is entitled to examine the witness by asking questions with a view to providing evidence, which is favourable to that party’s case.
Q: What is cross examination?
The name given to the opportunity for the opposing party’s advocate to challenge the evidence in chief given by the witness by asking questions to undermine their evidence, to test their credibility or to illicit answers which may help that party’s own case.
Q: What if information is not challenged?
This information/fact is accepted by the court if left unchallenged, so the defence needs to challenge all the important parts of the prosecution’s case.
Q: What are the restrictions placed on advocates about what they are entitled to put to a witness in cross-examination?
1- In cases involving allegations of a sexual nature- complainants cannot be asked questions about their sexual history, except with the permission of the court (s41 Youth Justice and Criminal Evidence Act 1999)
2- Prohibition on defences who are representing themselves at trial from conducting the cross-examination in certain cases.
3- If a point arises in cross examination that was not dealt with in the original examination in chief, or there is some discrepancy in the evidence which needs to be cleared up, it is possible for the original
