Testimony Flashcards
Before someone is served with a summons to appear in Court
Verification must be made as to:
- whether they are allowed to give evidence
- whether they are required to give evidence
- whether they can refuse to give evidence and
- what type of witness they will be
Privilege, in relation to giving evidence
is the right to refuse to disclose or to prevent disclosure of what would otherwise be admissible.
Privileged evidence can arise from the contents of the evidence, the class of evidence or because of the nature of the particular relationship
Types of privilege
Evidence Act 2006
Communications with legal advisors - section 54
Solicitors trust accounts - section 55
Preparatory materials for proceedings - section 56
Settlement negotiations or mediation - section 57
Communications with ministers of religion - section 58
Information obtained by medical practitioners and clinical psychologists - section 59
PRIVILEGE
Privilege against self-incrimination - section 60
Claiming privilege against self-incrimination in court proceedings - section 62
Informer privilege - section 64
Privilege Reading
Pages 60 to 69 to read for indepth info on Privilege sections.
Confidentiality - Sections 68-70
- Allows for the weighing of public interests by the Judge when deciding whether to protect the confidentiality of communications.
- 68 protection of journalists’ sources
Corroboration
When necessary, required by law
in respect to the offences of -
a) perjury
b) false oaths
c) false statements or declarations
d) treason
Section 125
Judicial directions about children’s evidence
In a criminal proceeding tried with a jury in which the complainant is a child at the time the proceeding commences, the Judge must not give any warning to the jury about the absence of corroboration of the evidence of the complainant if the Judge would not have given that kind of warning had the complainant been an adult
