Practical Matters for NG hearings

Question 1

List the OC responsibilities for witnesses when it comes to NG hearings

Answer 1

• Advise witnesses of the time, date, and place of the trial, and the exhibits to be presented at the trial.
• Check whether they have given evidence before. If not, advise them of the procedure. For example, where they are to stand, that they should speak slowly and clearly, tell the truth, and say, “I do not 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

List the OC responsibilities for a NG hearing

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 members of the defence.

Question 3

List he OC responsibilities when giving evidence

Answer 3

When you are giving evidence:
* Take care that you actually answer the question being asked.
* Say you do not know, rather than guess.
* Do not be flippant.
* Address the judge as “Your Honour“ or “Sir/Ma’am”.
* Address the prosecutor and defence as “Sir/Ma’am”.
* Advise the judge of any mistakes you have made as soon as possible, or advise the prosecutor, if you have finished giving evidence.

Question 4

If you want to refer to you Notebook whilst giving evidence, list the must dos

Answer 4

If you need to refer to your notebook:
* 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 defence 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

When introducing a notebook statement of admission to the court, what must you do

Answer 5

Begin by giving evidence of any prior discussions or oral admissions. It is important to do this in case the statement is rejected because it is the only admissible evidence of an admission. Your evidence of the discussion should include only passing reference to irrelevant material

Question 6

Given an example of introducing notebook statement admissions.

Answer 6

“At ….. I spoke to the defendant. Following a general discussion on ….. (weather, sport, etc), I then asked him ….. He replied, “…..” etc. I then asked him if he wished to make a statement. He agreed and I now produce and read this to the Court”.

Question 7

What is the general rule about giving evidence in court as an OC

Answer 7

If you can give evidence that is favourable to the defence, you must do so. You are there to assist the court to arrive at the truth of the matter; it shows you are unbiased and confirms your credibility as a witness. Remember: at all times be truthful, factual, unbiased, calm and professional.