Preliminary Issues With Witnesses

Question 1

What is the test to give sworn evidence

Answer 1

1) Atleast 14
2) sufficient appreciation for the solemnity of the occasion

Can get an expert if necessary

Question 2

What is the test to meet for a summons

Answer 2

A) person is likely to be able to give material evidence, for purposes of a summary trial and

B) it is in interests of justice to issue a summons to secure the attendance of that person to give evidence or procure the document

Question 3

Methods of serving summons

Answer 3

Hand to individual

Send by first class post to address where it is reasonable to believe that the individual will receive it

Question 4

What are the exceptions to Compelability

Answer 4

Accused not compellable for prosecution or Co accused

Spouse not compellable for prosecution unless

Question 5

Can accused give evidence at sentencing

Answer 5

Yes

Question 6

Is spouse compellable for accused

Answer 6

Yea

Question 7

Can you give evidence if you don’t meet the requirements for sworn evidence

Answer 7

Yes, unsworn evidence

Question 8

Who’s job is it to secure attendance of pros witness

Answer 8

Police

Question 9

Who’s job is it to ensure defence witness attends

Answer 9

Defence solicitor

Question 10

What is the punishment for failure to attend after summoned

Answer 10

Contempt of court