Rules and Procedures of Eyewitness Testimony

Question 1

Giving evidence in court…

Answer 1

Witnesses are expected to give sworn evidence in court and are examined in chief or cross-examined, depending on which party called them.
Vulnerable witnesses may qualify for special measures in giving evidence

Question 2

S.53(1) Youth Justice and Criminal Evidence Act

Answer 2

General rule that all witnesses, regardless of age, are competent, but if this is questioned, it must be proved on the balance of probabilities, that the witness can understand and give answers, in order for them to be competent
Competent witnesses are also presumed to be compellable, unless they are a legal professional or being asked to testify against a spouse or civil partner or self incriminate

Question 3

S.56 Youth Justice and Criminal Evidence Act

Answer 3

Witnesses will give sworn evidence, unless under 14
If a witness is confident but cannot take the oath, then they will give unsworn evidence

Question 4

Special Measures

Answer 4

Considered for vulnerable and intimidated witnesses
Can be eligible on the grounds of age or incapacity (s.16YJ&CEA) or fear or distress (s.17YJ&CEA)
Special measures can be applied for pre-trial and includes: use of screens to separate the defendant and the witness (s.23), live links (s.24), evidence given in private (s.25), removal of wigs and gowns (s.26), recorded evidence (s.27/28), interpreter (s.29) or communication aids (s.30)
Jury should be warned that these measures should not prejudice the accused

Question 5

Examined in chief

Answer 5

Witnesses are examined in chief by the party they were called by
Cannot be asked leading questions, which suggest a desired answer, unless it has previously been ruled as an exception
Witnesses can refresh memory, by reading a statement they made following the event, before going into the witness box (R v Richardson), as according to s.139 CJA, their recollection at the earlier time is likely to have been significantly better

Question 6

Hostile Witnesses

Answer 6

A judge or jury cannot discredit a poor witness or suggest they are lying unless leave is obtained to that them as hostile (Clarke v Saffrey)
If a witness is thought to be hostile, the party who called them must obtain leave of the court which is then granted by the judge. If leave is given, the witness will be cross-examined with the inconsistent statement put forward to him (Thompson). If the witness denies making a false or inconsistent statement, it may be proved under s.3 Criminal Procedure Act, but if they admit making it, it will be admissible.

Question 7

Cross Examination

Answer 7

Witnesses are cross examined by the other party
Leading questions can be asked in order to gain favourable evidence or discredit the witness

Question 8

Re-Examination

Answer 8

Leading questions should not be asked (Bottomley)
Memory refreshing may take place
Only questions which relate to the matters already discussed in cross-examination, should be asked