Witnesses

Question 1

Competent Witness

Answer 1

Permitted to give evidence. They are legally permitted to testify in court. Those who were incompetent were women, children and accused

Most competent witnesses are also compellable but there are exceptions to that

Question 2

Compellable witness

Answer 2

Can be forced to give evidence and are competent.

But must be competent in order to be compellable.

Question 3

Child witnesses

Answer 3

Children are automatically vulnerable. Prior to 2004 they were subject to a competency test, judge would have to assess the child’s knowledge of truth and lies before they gave evidence. Held to be inconsistent though.

Now there isn’t a competency test, must be able to start giving evidence. Only after evidence given can assess the competency.

No age bar, special measures can be taken to facilitate the child in order for them to give easily evidence.

Question 4

Special Measures in Civil Case

Answer 4

S11-23 Vulnerable Witnesses (Scotland) Act 2004

Broadly similar

Question 5

Accused

Answer 5

Not a competent nor compellable witnesses for the prosecution. Competent witness for the defence up to them if they want to or not.

Accused can choose not to give evidence but this can be commented upon by the court, BUT it should be made with restraint and only when there are special circumstances that require it

Question 6

Accomplices

Answer 6

Witness called as an accomplice then they have a privilege against self-incrimination, and acquires immunity from prosecution

Question 7

Non-English Speaker

Answer 7

Interpreter should be instructed but can’t be biased one.
HM Advocate v Olsson - Swedish sailor charged with murder, two statements, one interpreter there for the first one
HM Advocate v Regufe - Wrong interpreter
Liszewski and Ors v Thomson - Interpreter must be independent