Summary Witnesses.

Question 1

What evidence are witnesses expected to give?

Answer 1

Oral, under oath.

Question 2

What initially happens to witnesses?

Answer 2

They’ll be examined in chief by the party who called them and cross-examined by the opposing side(s).

Question 3

What happens to “vulnerable witnesses”?

Answer 3

“Special measures” are available to assist “vulnerable witnesses” (Youth & crim evidence act 1999).

Question 4

What if a witness is unable to testify?

Answer 4

Hearsay evidence (which is not usually admissible) becomes relevant.

Question 5

What does competent mean?

Answer 5

The witness is able to give evidence.

Question 6

What does compellable mean?

Answer 6

The witness may be required to give evidence.

Question 7

What is the general rule?

Answer 7

Subject to exceptions, all persons (regardless of age) are competent (s.53(1) YJ&CE Act 1999).

Question 8

What is the test for competence?

Answer 8

A competent witness is a witness who is able to understand the questions and put to them and give understandable answers to those q’s (s.53(3) YJ&CE Act 1999).

Question 9

What is the general rule if a witness is competent?

Answer 9

That they are also compellable.

Question 10

What if the witness fails to attend court with a witness summons being issued?

Answer 10

Can be considered contempt of court.

Question 11

What are the exceptions to the general rule of competence?

Answer 11

• Accused is not a competent prosecution witness (s.53(4) YJ&CE Act 1999).
• Accused is not a compellable defence witness.
• Accused spouse, (or civil partner) cannot be compelled against the accused unless it is a “specified offence” (s.80(3) PACE 1984).

Question 12

What sort of evidence will a witness normally give?

Answer 12

Sworn evidence (by oath or affirmation).

Question 13

When may a witness not be sworn?

Answer 13

• If they’re under 14 years old (s.55(2)(a) YJ&CE Act 1999).
• If they do not sufficiently appreciate the solemnity of the occasion and the particular responsibility of telling the truth which taking the oath involves (s.55(2)(b) YJ&CE Act 1999.

Question 14

What are the eligibility of special measures?

Answer 14

May be eligible on the grounds of age or incapacity (s.16 YJ&CEA 1999), if the witness is under 18, and/ or mentally or physically vulnerable.

May also be eligible on the grounds of fear or distress about testifying (s.17 YJ&CE Act 1999).

Question 15

What might special measures include?

Answer 15

• Screening the witness.
• Live link.
• Removal of wigs and gowns.
• Recorded evidence.
• Interpreter.
• Communication aids, etc.

(ss.23-30 YJ&CE Act 1999).

Question 16

When are applications for special measures made?

Answer 16

Pre-trial, available to pros and def witnesses but usually not to the defendant.

Question 17

What is memory refreshing?

Answer 17

Before going in, wit may read a statement which he made reasonably close to the events which it documents (Richardson).

In the witness box, may refresh memory with a document that she made verified at an earlier time.

Question 18

What are the 3 stages of examination a witness at trial?

Answer 18

1. Examination in chief (by party calling the witness).
2. Cross-examination (by other party/parties).
3. Re-examination (by party who called the witness.

Question 19

What is an examination in chief?

Answer 19

Examination of a witness by/on behalf of the party who called the witness.

(Leading Q).

Question 20

What is x-examination?

Answer 20

Examination of a witness by/on behalf of a party other than the party who called the witness.

Leading Q’s may be asked.

Question 21

What is re-examination?

Answer 21

Conducted by/on behalf of the party who called witness.

• Leading Q’s shouldn’t be asked (Bottomly).
• Memory refreshing may take place (Sutton).
• Witness may be treated as hostile with leave of the court (Powell).

Question 22

What is an unfavourable witness?

Answer 22

Not deliberately hostile to the party calling him/her but is a poor witness, evidence of the witness bad character cannot be adduced to discredit the witness (s.3 CPA 1865). Party who called him/her can’t attack the witness.

Question 23

What is a hostile witness?

Answer 23

Doesn’t want to tell the truth on behalf of the party who called him/her/ deliberately “forgets” the facts or deliberately gives evidence inconsistent with his out-of-court statement.