In Court

Question 1

What is the mode of address for a Magistrate?

Answer 1

Sir or Madam // Your worship

Question 2

What is the mode of address for a crown court judge?

Answer 2

Judge

Question 3

What is competence and compellability?

Answer 3

Competence: Whether a person is competent to appear in court and provide evidence;

Compellability: Whether a person can be compelled to appear in court for the prosecution/defence

Question 4

What is a leading question?

Answer 4

Questions which are suggestive of the answer, e.g. ‘how did you find the party?’, assumes they were at the party

Question 5

Can a defence advocate ask leading questions?

Answer 5

No.

Question 6

Who is competent to give evidence at criminal trial?

Answer 6

Anyone with the mental capacity to understand and effectivly answer a question.

Question 7

What are the exceptions to the general rule of competence in a criminal trial?

Answer 7

If they are unable to:

(a) understand questions put to them as a witness; and

(b) give answers to questions which may be understood.

Question 8

Can the accused be a competent witness for the crown?

Answer 8

Not if it is against themselves, however, a co-defendant may be a competent witness for the prosecution (Rarely though, a co-accused would often have to have pleaded guilty).

Question 9

Can a defendant be compelled to give evidence at their own trial?

Answer 9

No, however, this can lead to the drawing of adverse inferences.

Question 10

In which situations is a spouse compellable as a witness?

Answer 10

(A) where the offence charged involves violence against a person under 16;

(B) where the offence charged is a sexual offence against someone under 16.

Question 11

When would a defendant not have an adverse inference drawn if they were to not provide evidence on their own behalf at trial?

Answer 11

If it was undesirable for them to defend themselves, e.g. due to severe anxiety

Question 12

What are the five categories of people who may have special measures when giving evidence?

Answer 12

(a) children aged under 18;

(b) those suffering from a mental or physical disorder;

(c) those whose evidence is affected by fear;

(d) complainants in sexual offences;

(e) witnesses in specified gun and knife crimes.

Question 13

What special measures are available to specified witnesses?

Answer 13

(a) Screens;
(b) evidence given via live link;
(c) evidence given in private;
(d) examination in chief or cross-examination pre-trial;
(e) judges and barristers removing their wigs;
(f) intermediary to assist communication;

Question 14

What are the initial details of Prosecution case (IDPC)?

Answer 14

Includes:

• A summary of the circumstances of the offence;
• Any account given by the defendant in the interview;
• Any written statements and exhibits that are available;
• Victim impact statements; and
• D’s criminal record