Witnesses Flashcards
Pre-trail matters 2
What special measure could be put in place for a minor?
- Screens
- TV link
- Giving evidence in private
- Removing wigs and gowns
- Video recording evidence
- Pre-recording cross-examination and re-examination
- Questioning via an intermediary
- Aids to communication
Pre-trail matters 2
What are the eligibility criteria for special measure to be put in place?
- under 18 automatic
-
mental disorder
. -
fear and distress and evidence won’t be diminished
. - adult complainants of sexual offences
- modern slavery adults
- Witnesses in homicide, firearms and knife cases
Pre-trail matters 2
When can vulnerable defendants appear by live link?
- the accused is under 18 AND ability to participate is compromised by their intellectual ability.
- the accused is 18 or over and has a significant mental disorder
Pre-trail matters 2
When can a witness summons be issued demanding a witness appear at court or provide a written statement.
- the witness is likely to be able to give material evidence; AND
- it is in the interests of justice to issue the summons
Pre-trail matters 2
Can D change his plea from ‘guilty’ to ‘not guilty’?
They can apply to the court and then its for the judges discretion (but v. rare will allow).
Court will reject where D has been represented properly.
Pre-trail matters 2
When D is trying to change his plea from ‘guilty’ to ‘not guilty’ what does advised properly mean?
- proper advice has been given,
- no undue influence
- plea was unequivocal
e.g. the prosecution has no evidence of an essential ingredient of the offence.
Is a defendant competent to be a prosecution witness?
No - therefore cannot be compelled by prosecution. Unless they have plead guilty when they may be called as a witness by the prosecution against a co defendant.
Is a defendant competent to be a DEFENSE witness for another defendant?
Yes but they cannot be compelled to do so.
Are children/ those with a disorder competent to be witnesses?
Yes, if:
- they understand the questions AND
- they can give comprehensible answers
If competent, they can be compelled
Can a spouse be competent witness
Yes
Can Deaf or speech impaired people be witnesses?
Yes as long as they understand the solemnity of taking oath
if competent, they are compellable
When can a spouse be compelled to give evidence for the prosecution?
Only for:
- domestic violence
- assault or injury to a child under 16
- sexual offence against someone under 16
- attempts, conspiring, aiding and abetting of any of the above.
When can a witness give an opinion rather than a fact?
- the opinion is in relation to a common place occurrence about which the witness’s perception appears relevant and proper
- they’re an expert.
Can a witness (who is not the defendant) refuse to give evidence if it might incriminate him?
Yes
When can a jury be instructed to accept expert opinion as correct?
when the expert opinion and all the other evidence leads inevitably to only one conclusion.
