Rules relating to witnesses

Question 1

General rule as to competence:

Answer 1

General rule that all persons, whatever their age, are competent to give evidence with two exceptions:

• The accused is not competent to give evidence for P
• If a person is not able to understand questions put to him as a witness and give answers that can be understood

Question 2

General rule as to compellability:

Answer 2

General rule is that all competent witnesses are compellable with four categories of exception:

• Accused is not a compellable witness for D
• Accused’s spouse or civil partner not compellable for P or co-accused (with exceptions for specified offences )
• Certain diplomatic immunity
• Bankers

Question 3

Swearing of witnesses:

Answer 3

A witness may not be sworn unless he has attained the age of 14 and has sufficient appreciation of the solemnity of the occasion and of the particular responsibility, to tell the truth, which is involved with taking an oath

Question 4

Securing the attendance of a witness:

Answer 4

MC court may issue a summons or a warrant

Failure to attend court is punishable by contempt of court

Question 5

Examination in chief:

Answer 5

Non-leading questions generally impermissible except on matters not in dispute or if hostile

Question 6

Refreshing the memory whilst giving evidence:

Answer 6

May refer to a document to refresh memory on two conditions: s. 139 CJA

(1) that he gives evidence that the document records his recollection at the time he made it and
(2) that his recollection at the time is likely to have been significantly better than at the time of his oral evidence

(must have been prepared by the witness himself or that he has verified it)

(also do not apply to refreshing before going in to the witness box)

Question 7

Rule about previous consistent (self-serving) statements:

Answer 7

General common law rule excluding them

Question 8

Previous inconsistent statments:

Answer 8

If a witness admits making a previous oral/written inconsistent statement then the statement is admissible

Question 9

Cross-examination:

Answer 9

May ask leading questions, and accused may do so in person subject to three exceptions:

• Complainant in certain sexual offences
• Certain protected witnesses
• Court has the general power to prohibit

Question 10

Finality on collateral matters:

Answer 10

When a witness gives an answer irrelevant to the matter in issue, should be left at that.