Trial: Witnesses Flashcards
What are the exceptions to the competancy of witnesses?
- D/accused cant be witness for prosecution
- children/disabled (can they understand questions/give comprehensible answers)
- deaf or speech impaired (can they understand solemnity of oath)
Who is not compellable?
Defendant
Children/disabled if not competent
spouse/civil partner for prosecution
When will a spouse or civil partner be compellable for the prosecution?
Offence is:
o Domestic violence
o Assault/injury/threat to under 16
o Sexual offence against under 16
o Attempts, conspiring, aiding or abetting the above
Where will courts receive opinions from witnesses?
- Commonplace occurrences where witness’ perception appears proper and relevant
- Witness is an expert
What are the two main forms of witness privilege?
- against self incrimination
- legal professional privilege
Can a witness claim self incrimination privilege to protect another?
No
When will a witness’s communications with their lawyer have legal professional privilege?
- Purpose to advance or act in process of litigation
- To obtain advice more generally
When may a witness be unsworn?
Child/unsound mind if they dont have sufficient appreciation of solemnity/reponsibility
What should be the form of questioning in the examination in chief?
Non leading
When may leading questions be allowed?
Issues not in dispute
hostile witness
When may a witness be allowed to read out of court statements?
- contents agreed
- Memory refreshing from statements where provides significantly better recollection and also not simply reading out
What can happen where a party applies to a judge to treat their witness as hostile?
Can cross examine and put previous statement to them
When may the court hear evidence of previous consistent statements made by the witness?
- Suspect’s response to police allegation
- Complaints
- Rebuttal of recent fabrication allegation
- Res gestae
What is the form of questioning in cross-examination of witnesses?
May be leading
What is the principle for barristers cross examining witnesses?
unless challenged on a particular point, deemed to be tacitly accepted
What is improper in cross examining a witness?
Asking to comment on another witness
Does the court usually admit police witness statements?
No - hearsay
Where may a police witness statement be admissible?
where witness in the box departs materially from statement by contradicting or adding
What is the rule on finality of collateral matters?
Cannot call evidence to prove peripheral matter eg credibility
