Prelims for Witnesses Flashcards
What does competence mean for witnesses?
They can lawfully testify
What is the general rule for competence?
Everyone is competent
What are the exceptions to the general rule?
Accused cannot be a witness for the prosecution
A person who cannot understand the questions put to them or give answers that can be understood is not competent
What is not relevant to questions of competence?
Reliability or credibility
Does the witness need to understand the gravity of proceedings?
No
Does the witness need to understand every question?
No
How old does a witness need to be to be sworn in? what is the other criteria?
14
and
they must understand the solemnity of the occasion and the responsibility of telling the truth
What is compellability?
a witness is compellable if, being competent, they can be required to testify
What is the general rule for compellability?
All competent witnesses are compellable
What are the four exceptions to the general rule for compellability?
Accused is not compellable for the defence of himself or a co-accused
Spouse/civil partner is not compellable (some exceptions to this)
The sovereign, other heads of state and diplomates
Bankers (unless the bank is party to proceedings)
What can the court do if a compellable witness refuses to take the oath/make the affirmation ?
Summarily punish for contempt
What can the court do if a compellable witness refuses to answer a question?
Summarily punish foo contempt
Under what circumstances can the magistrates issue a summons to ensure a witness attends?
Magistrate or justices clerk must be satisfied that:
the person is likely to be able to give evidence or produce a document which is likely to be material
and
It is in the interests of justice to issue a summons to secure the attendance of that person
Under what circumstances can a warrant be issued to ensure a witness attends?
Same test as summons but magistrate believes it is probable that the summons will not produce evidence.
Or
summons was issued and witness did to appear (summons must have been served and reasonable expenses must have been paid)
Can there be a just excuse for not attending when summoned?
No
What is the difference between the powers in the mags and crown court?
Crown court you are likely to be found guilty of contempt if you do not answer a summons
When can the accused give evidence against a co-accused?
when they are no longer ‘accused’
this includes:
If they are convicted
If they plead guilty
if charges are dropped
What is the status of the accused as far as defence witnesses?
Competent but not compellable
Can a spouse of partner of the accused be compelled for the defence?
Yes - but as long as they are not accused
What are the specified offences as far as compellability is concerned?
Assault on, injury, threat of injury to the spouse of civil partner
Assault on, injury, threat of injury to someone under 16
Sexual offence against someone under 16
Any aiding and abetting offence related to the above
If the accused is accused of a specified offence, how does this effect the role of the spouse/partner?
Can be compelled to give evidence for prosecution of the accused.
Can be compelled to give evidence for or against a co-accused.
Can the spouse of partner of the accused be compelled by the defence?
Yes - exception is spouse or civil partner cannot be made to give evidence against their partner
