Testimony I

Question 1

Eligibility of a witness

Answer 1

Witness is eligible if they are lawfully able to give evidence for both the prosecution and defence

Question 2

Compellability of a witness

Answer 2

A witness is compellable if they can be required to give evidence against their will for both prosecution and defence

Question 3

General rule for eligibility and compellability

Answer 3

All people are eligible and compellable to give evidence

Question 4

Exceptions to the general rule of eligibility

Answer 4

A person acting as a judge

a person acting as a juror or Council

defendants and associated defendants

Question 5

Section 73

An associated defendant is not compellable unless?

Answer 5

(2) (a) They are being tried separately from the defendant; or
(b) the proceeding against them has been determined

Question 6

Who is not compellable to give evidence under sec 74

Answer 6

1. Judge’s
2. Sovereign
3. Governor General
4. Sovereign or head of state of a foreign country

Bank officers (s75 only)

Question 7

Meaning of privilege

Answer 7

The right to refuse to disclose or to prevent disclosure of what would otherwise be admissible

Question 8

Before a person is served with a summons to appear in court, verification must be made as to?

Answer 8

1. Whether they are allowed to give evidence
2. Whether they are required to give evidence
3. Whether they can refuse to give evidence, and
4. What type of witness they will be.