Reliability

Question 1

Unreliable evidence as per s165 only applies to … proceedings

Answer 1

Civil

Question 2

What are examples of unreliable evidence in civil proceedings?

Answer 2

1. Hearsay
2. Admissions
3. Identification
4. Evidence affected by age, ill health (whether physical or mental), injury or the like;
5. in a proceeding against the estate of a deceased person—evidence adduced by or on behalf of a person seeking relief in the proceeding that is evidence about a matter about which the deceased person could have given evidence if he or she were alive.

Question 3

When would a Judge give a warning under s165 for unreliable evidence in civil proceedings?

Answer 3

If there is a jury
on the request of a party

Question 4

What warning should the judge give under s165 EA (unreliable evidence in civil proceedings)?

Answer 4

(a) warn the jury that the evidence may be unreliable; and

    (b)     inform the jury of matters that may cause it to be unreliable; and

    (c)     warn the jury of the need for caution in determining whether to accept the evidence and the weight to be given to it.

Question 5

When can a judge not give a warning under s165 EA (unreliable evidence in civil proceedings)?

Answer 5

When there is a good reason not to do so

Question 6

What legislation applies to warnings for unreliable evidence in CRIMINAL proceedings?

Answer 6

Jury Directions Act

Question 7

What type of evidence may be categorised as unreliable in criminal proceedings?

Answer 7

• Hearsay or opinion;
• Reliability affected by age, ill health, injury or the likely;
• Evidence given by a witness who might reasonably be supposed to have been criminally concerned in the events giving rise to the trial; and
• Evidence given by a witness who is a prison informer; and
• Oral evidence of questioning of an investigating official of an accused where the questioning has not been acknowledged by the accused.

Question 8

Who can request a direction under s32 JDA for unreliable evidence?

Answer 8

Pros or defence

Question 9

What should be specified for a request under s32 JDA for unreliable evidence?

Answer 9

• In making request, must specify:
  o The matters that may make the evidence unreliable;
  o If the request concerns evidence given by a child, the significant matters (other than solely the age of the child) that may make the evidence of the child unreliable.

Question 10

What should the judge include in a s32 JDA direction (unreliable evidence)?

Answer 10

o Warn the jury that the evidence may be unreliable; and
o Inform the jury of
 The significant matters that the trial judge considers may cause the evidence to be unreliable; or
 If the direction concerns evidence given by a child, the significant matters (other than solely the age of the child) that the trial judge considers may make the evidence of the child unreliable; and
 Warn the jury of the need for caution in determining whether to accept the evidence and the weight to be given to it.