SPA - Criminal Litigation

Question 1

What is compellability?

Answer 1

Goes to whether a witness may be forced to give evidence

Question 2

Can the prosecution compel a defendant to give evidence in a criminal case?

Answer 2

No.

Question 3

When can a defendant be cross-examined by the prosecution?

Answer 3

If a defendant chooses to testify, they will be subject to cross-examination by the prosecution

Question 4

What is the effect of a defendant refusing to testify?

Answer 4

The trier of fact may draw an adverse inference if the defendant chooses not to testify

Question 5

What is the general rule re the prosecution/co-defendant compelling a defendant’s spouse?

Answer 5

Generally, a defendant’s spouse may not be compelled to testify by the prosecution or a co-defendant, but the spouse may choose to testify

Question 6

When may the defendant’s spouse be compelled to testify?

Answer 6

If the offence involves:

a. assault, injury, or threat of injury to them or a child under 16,

b. a sexual offence on a child under 16, or

c. attempting, conspiring, aiding, or abetting those crimes

Question 7

When may a defendant compel their spouse to testify?

Answer 7

The defendant may compel their spouse to testify unless the spouse is a jointly charged with the defendant

Question 8

What special measures are available to assist certain witnesses giving evidence?

Answer 8

i. placing a screen between the witness + defendant,

ii. allowing the witness to testify through a video link,

iii. having the court officers remove their wigs and gowns,

iv. allowing the witness to give evidence in private,

v. allowing a witness to pre-record testimony

Question 9

Who do special measures for giving evidence apply to?

Answer 9

Witness:
i. under 18,
ii. with a disability,
iii. affected by a fear of giving evidence,
iv. who allege they were sexually assaulted by the defendant, and
v. in some cases involving knife or gun charges

Question 10

What may a defence choose to do once the prosecution has finished calling witnesses?

Answer 10

May choose to make a submission of no case to answer, arguing that the prosecution hasn’t presented enough evidence to amount to a prima facie case.

Question 11

What happens in the case of a submission of no case to answer in the Crown Court?

Answer 11

Application is heard by the judge in absence of the jury.

Successful - defendant acquitted
Unsuccessful - case proceeds