Trial Procedure Flashcards
1
Q
What is compellability of a witness and what are the rules?
A
This refers to making a witness to attend court-having a summons issued to bring them to court.
Inference is drawn if a Defendant does not give evidence on their own behalf.
A spouse cannot be made to give evidence each other as it goes against the sanctity of the marriage. They can if the alleged offence is against themselves, or things like sexual abuse or crime against someone under 16
2
Q
What is the Gulbraith test
A
In a criminal trial, where a judge concludes that the evidence is such that a jury, properly directed, could not properly convict upon it, it is their duty to remove the case from the jury
