Witnesses – Preliminary Issues Flashcards
Which of the following individuals is NOT competent to give evidence for the prosecution?
A) The defendant
B) A spouse of the defendant
C) A deaf witness who understands the oath
D) A child witness who understands questions
A) The defendant
Explanation: The defendant is not competent to give evidence for the prosecution, but can give evidence for themselves or a co-defendant.
What is the competence test for a child witness?
A) Whether the child understands questions and can give comprehensible answers
B) Whether the child is over 14 years old
C) Whether the child has previously testified
D) Whether the child is educated
A) Whether the child understands questions and can give comprehensible answers
Explanation: Competence depends on understanding and communication, not on age or education.
Under what circumstances can a spouse be compelled to give evidence for the prosecution?
A) In cases of domestic violence or child abuse
B) Only if the defendant agrees
C) Always, in all criminal cases
D) Never
A) In cases of domestic violence or child abuse
Explanation: A spouse is compellable only in cases involving domestic violence, child injury, or sexual offences against a child under 16.
Tom is charged with assaulting his spouse. Can the spouse be compelled to testify?
A) No, spouses are never compellable
B) Yes, if they choose to
C) No, unless the spouse waives privilege
D) Yes, because the offence involves domestic violence
D) Yes, because the offence involves domestic violence
Explanation: A spouse can be compelled if the charge involves domestic violence under PACE s.80.
An eyewitness says, “The driver seemed drunk.” Is this opinion admissible?
A) No, it must be an expert opinion
B) Only if they are a medical expert
C) No, because it is a conclusion
D) Yes, because lay opinions on drunkenness are admissible
D) Yes, because lay opinions on drunkenness are admissible
Explanation: A lay witness may give an opinion on common matters such as drunkenness.
Which witness is compellable to give evidence for the defence?
A) Only police officers
B) Only child witnesses
C) No witnesses are ever compellable
D) A competent spouse or civil partner
D) A competent spouse or civil partner
Explanation: A competent spouse can be compelled to give evidence for their partner’s defence.
When is litigation privilege available?
A) When documents are prepared for advice
B) When communication is between private individuals
C) When documents are sent to a lawyer for personal use
D) When documents are created in contemplation of litigation
D) When documents are created in contemplation of litigation
Explanation: Litigation privilege covers documents made for actual or anticipated litigation.
When may expert evidence be excluded by a court?
A) If the expert has testified before
B) If the expert is too qualified
C) If the opinion supports the defendant
D) If the expert strays outside their area of expertise
D) If the expert strays outside their area of expertise
Explanation: An expert should only testify within their proven area of expertise.
A deaf witness who understands the oath testifies through an interpreter. This witness is:
A) Incompetent
B) Only partly competent
C) Competent and compellable
D) Competent but not compellable
C) Competent and compellable
Explanation: Deaf witnesses who understand the oath are competent and compellable, using communication aids if necessary.
Who has the right to waive legal professional privilege?
A) The lawyer
B) The client
C) The court
D) The judge
B) The client
Explanation: Only the client can waive legal professional privilege, not the lawyer.
Which privilege allows a witness to refuse to answer if the answer would incriminate them?
A) Spousal privilege
B) Legal advice privilege
C) Privilege against self-incrimination
D) Public interest immunity
C) Privilege against self-incrimination
Explanation: Witnesses may refuse to answer questions that would incriminate themselves.
When is advice privilege available?
A) Only if litigation has started
B) When a client seeks legal advice
C) Only if the lawyer requests it
D) When advice is given after a case ends
B) When a client seeks legal advice
Explanation: Advice privilege protects confidential communications for the purpose of obtaining legal advice.
