Testimony Flashcards
Before a person 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.
Outline eligibility and compellability - s71 Evidence Act 2006.
any person is eligible to give evidence and a person who is eligible to give evidence is compellable to give that evidence.
When is a witness eligible to give evidence?
A witness is eligible if they are lawfully able to give evidence on behalf of both the prosecution and defence.
Define associated defendant.
An “associated defendant” is someone against whom a prosecution has been instituted for an offence that arose in relation to the same event as did the offence for which the defendant is being tried, or an offence “that relates to, or is connected with,” the offence for which the defendant is being tried.
Who is not compellable to give evidence?
The defendant, Judges, the Sovereign, Governor-General, and Sovereign or Head of State of a foreign country
Privilege
A privilege in relation to the giving of evidence is the right to refuse to disclose or to prevent disclosure of what would otherwise be admissible.
List the types of privilege.
- communications with legal advisors
- solicitors’ trust accounts
- preparatory materials for proceedings
- settlement negotiations or mediation
- communications with ministers of religion
- information obtained by medical practitioners and clinical psychologists
- privilege against self-incrimination
- informer privilege
Discuss privilege in criminal proceedings for information obtained by medical practitioners or clinical psychologists.
Privilege applies to a person who consults or is examined by a medical practitioner or a clinical psychologist for drug dependency or any other condition or behaviour that may manifest itself in criminal conduct;
This does not apply to a person who has been required by an order of a Judge to submit themselves to the medical practitioner or clinical psychologist for any examination, test, or other purpose.
Discuss privilege against self-incrimination.
When a person is required to provide specific information in the course of a proceeding or by a person exercising a statutory power or by a police office or other person holding a pubic office in the course of an investigation into a criminal offence or possible criminal offence and
The information would be likely to incriminate the person under NZ law for an offence punishable by fine or imprisonment.
It is not necessary in a criminal proceeding for the evidence on which the prosecution relies to be corroborated except for what specific offences?
(a) perjury
(b) false oaths
(c) false statements or declarations
(d) treason
Define corroboration
Corroboration isn’t defined in the Act. It is independent evidence that tends to confirm or support some fact of which other evidence is given and implicates the defendant in the crime charged.
What does s125 Evidence Act 2006 prohibit in relation to child complainants?
This section prohibits the judge from giving any warnings to the jury about the absence of corroboration where they would not have given that kind of warning for an adult complainant
When is a witness compellable?
A witness is compellable if they can be required to give evidence against their will from both prosecution and defense, Once a witness enter the witness box and is sworn they are under a compellable obligation to answer all questions put to them.
When is an associated defendant compellable to give evidence against a defendant?
- The associated defendant is being tried separately from the defendant
- The proceeding against the associated defendant has been determined
