NOT GUILTY HEARINGS

Question 1

Witnesses giving evidence, the officer in charge of the case should?

Answer 1

• advise witnesses of the time, date and place of the trial and the exhibits to be presented at trial.
• Check whether they have given evidence before. If not, advise them of the procedure. For example, whether they are to stand, that they should speak slowly, and clearly, tell the truth and say I don’t know rather than guess an answer.
• Advise witnesses that if they have made a written statement, they may read it to refresh their memory before giving evidence. However, they cannot read other documents, such as the job sheets or briefs.
• Ensure witnesses remain within call if they are excluded from the courtroom
• Check the jury list to make sure that none of the jurors are known to the witnesses.
• Warn the witnesses that they are not to mix with or speak to jurors
• Advise the witnesses about witness expenses.

Question 2

O/C Case General roles

Answer 2

Ensure that you look, stand and speak correctly
Identify the defendant
Locate your witnesses and help them as required
Do not mix or gossip with jurors or member of the defence

Question 3

O/C case - giving evidence, when you are giving evidence

Answer 3

Take care that you actually answer the question being asked
Say you don’t know rather than guess
Do not be flippant
Address the judge as your honour or sir/ma’am
Address the prosecutor as Sir/Ma’am
Advise the judge of any mistake you have made as soon as possible or advise the prosecutor if you have finished giving evidence

Question 4

If you need to refer to your notebook when giving evidence, you must

Answer 4

Ask the court’s permission
Introduce the material properly - for example, by saying ‘I interviewed the defendant and wrote the answers in my notebook at the time”
Remember that the defendant and the jury are entitled to view your notes, so seal off other entries.
Remember that you are only allowed to refresh your memory - you cannot read the whole entry unless you have permission to read the notes of the interview.

Question 5

Refreshing memory in court - Police want to give evidence in court, what 3 things must they do?

Answer 5

The leave of the judge must be obtained
The document must be shown to every other party in the proceeding
S90(5) requires the document to have been ‘made or adopted’ by a witness, ‘at a time when his or her memory was fresh’

Question 6

Define giving evidence

Answer 6

GIving evidence is included in offering evidence. A witness gives evidence, a party offers evidence. A party who testifies both gives and offers evidence.

Question 7

In a proceeding what are the 3 ways in which evidence can be given?

Answer 7

In the ordinary way, either orally in a courtroom or in an affidavit riled in court
In an alternative way such as by video link
In any other way provided for by the Evidence Act 2006 or any other relevant enactment.