Testimony Flashcards
Eligibility of a witness
Witness is eligible if they are lawfully able to give evidence for both the prosecution and defence
Compellability of a witness
A witness is compellable if they can be required to give evidence against their will for both prosecution and defence
General rule for eligibility and compellability
All people are eligible and compellable to give evidence
Exceptions to the general rule of eligibility
A person acting as a judge
a person acting as a juror or Council
defendants and associated defendants
Section 73
An associated defendant is not compellable unless?
(2) (a) They are being tried separately from the defendant; or
(b) the proceeding against them has been determined
Who is not compellable to give evidence
Judge's Sovereign Governor General Sovereign or head of state of a foreign country Bank officers
Meaning of privilege
The right to refuse to disclose or to prevent disclosure of what would otherwise be admissible
The effect of a claim of privilege
Information is withheld from the court
Types of privilege
Communications with legal advisors s54
Solicitors trust accounts s55
Preparatory materials for proceedings s56
Settlement negotiations or mediation s57
Communications with Ministers of religion s58
Information obtained by medical practitioners and clinical psychologists s59
Privilege against self-incrimination s60
Informer privilege s64
Legal professional privilege
What communication is privileged?
Communication with a legal advisor for the purpose of seeking or obtaining legal services s54
Communication with a legal advisor regarding any contemplated proceeding s56
Privilege for information attained by medical practitioners and clinical psychologists
Applies to who?
Applies to the person who consults or is examined for drug dependency or any other condition or behaviour that may manifest itself in criminal conduct
Does not apply to a person required by an order of a judge or other lawful authority to be examined
Define Informer
Someone who is supplied gratuitous Lee or for reward information of the possible or actual commission of an offence with the expectation that identity will not be disclosed.
An Informer may be undercover police
What is covered by confidentiality
The deliberations of a jury
The identity of a journalists informant
Evidence does not need to be corroborated except for which offences?
Perjury s108
False oaths s110
False statements or declarations s111
Treason s73
What is self incrimination?
The provision of information buy a person that could lead to the prosecution of that person for a criminal offence
