witness competence and special measures.

Question 1

what does competent means.

Answer 1

witness may give evidence if they want

Question 2

what does compellancy mean.

Answer 2

that the witness may be required to give evidence.

Question 3

what ages are considered to be competent.

Answer 3

all ages are considered to be competent when giving evidence.

Question 4

exemptions to general rule about competence.

Answer 4

not a competent prosecution witness.

not a compellable defence witness.

the accused spouse of civil partner cannot be compelled to give witness unless its a specific offence. s.80/3 pace

Question 5

test of competence in criminal proceedings.

Answer 5

questioned due to age and intellect ability etc.

does not require full understanding of the question.

person who cannot understand questions and give understandable answers is not a competent witness.

Question 6

determining whether witness can understand and give reasonable answers.

Answer 6

judge determines in the absence of the jury.

questioned by the judge witness is questioned.

expert opinion may be received.

judge should consider special measures.

party that called the witness have to prove the balance of probabilitys.

Question 7

what age gives unsworn evidence.

Answer 7

a person that is under the age of 14 they cannot swear under oath they give unsworn evidence.
witness is competent but cannot take the oath.

Question 8

what are special measures.

Answer 8

these are measures for people that may be afraid to give testimony in court mental or physical reasons they may have fear or distress about giving evidence.
normally under 18 years old.

s16-33 youth justice and criminal evidence act.

Question 9

what are some special measures available.

Answer 9

live link

communication aid assistance.

screens

removal of wigs and gowns.

evidence given in private.

Question 10

when do you apply for special measures.

Answer 10

these have to be done before the court proceedings. pre trial.

Question 11

what is a leading question.

Answer 11

this is a question that has an intended answer or wants to bring into existence a fact that has not been testified.

judges can allow them but as a rule they are not normally.

Question 12

stages that a witness is examined.

Answer 12

1- examination is chief.
2- cross examination by other parties.
3- re examination by party who called the witness.

Question 13

what is memory refreshing.

Answer 13

this is where before entering the box witnesses can refer to things that they have written down closer to the time.

when they are in the box they are able to look at things written down that have already been verified at an earlier date.

Question 14

what is a hostile witness.

Answer 14

deliberately forgetting evidence.

lying.

makes contrasting statements.

does not want to tell the truth.

party who called the witness must obtain leave. judge is able to give leave look as demeanour and refusal to memory refresh.

Question 15

what is an unfavourable witness.

Answer 15

this is someone that does not intentionally lie but they are just not a good witness.

not able to attack the witness credibility or their character.

Question 16

what does cap 1865 s.3 say.

Answer 16

that if a witness denies making a inconsistent statement then they can be proved wrong under this.

Question 17

cross examination.

Answer 17

Leading questions may be asked.
May cross examine to undermine the witness evidence.

Prosecution witness is examined by counsel for the accused and a defence witness is cross examined by counsel for the prosecution.

Question 18

re examination.

Answer 18

Conducted on behalf of party who called witness
Leading questions should not be asked.
Memory refreshing may take place.
Witness may be treated as hostile with leave.
Re examination should only relate to matters raised during cross examination.