Trial: Witnesses

Question 1

What are the exceptions to the competancy of witnesses?

Answer 1

• 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)

Question 2

Who is not compellable?

Answer 2

Defendant
Children/disabled if not competent
spouse/civil partner for prosecution

Question 3

When will a spouse or civil partner be compellable for the prosecution?

Answer 3

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

Question 4

Where will courts receive opinions from witnesses?

Answer 4

• Commonplace occurrences where witness’ perception appears proper and relevant
• Witness is an expert

Question 5

What are the two main forms of witness privilege?

Answer 5

• against self incrimination
• legal professional privilege

Question 6

Can a witness claim self incrimination privilege to protect another?

Answer 6

No

Question 7

When will a witness’s communications with their lawyer have legal professional privilege?

Answer 7

• Purpose to advance or act in process of litigation
• To obtain advice more generally

Question 8

When may a witness be unsworn?

Answer 8

Child/unsound mind if they dont have sufficient appreciation of solemnity/reponsibility

Question 9

What should be the form of questioning in the examination in chief?

Answer 9

Non leading

Question 10

When may leading questions be allowed?

Answer 10

Issues not in dispute
hostile witness

Question 11

When may a witness be allowed to read out of court statements?

Answer 11

• contents agreed
• Memory refreshing from statements where provides significantly better recollection and also not simply reading out

Question 12

What can happen where a party applies to a judge to treat their witness as hostile?

Answer 12

Can cross examine and put previous statement to them

Question 13

When may the court hear evidence of previous consistent statements made by the witness?

Answer 13

• Suspect’s response to police allegation
• Complaints
• Rebuttal of recent fabrication allegation
• Res gestae

Question 14

What is the form of questioning in cross-examination of witnesses?

Answer 14

May be leading

Question 15

What is the principle for barristers cross examining witnesses?

Answer 15

unless challenged on a particular point, deemed to be tacitly accepted

Question 16

What is improper in cross examining a witness?

Answer 16

Asking to comment on another witness

Question 17

Does the court usually admit police witness statements?

Answer 17

No - hearsay

Question 18

Where may a police witness statement be admissible?

Answer 18

where witness in the box departs materially from statement by contradicting or adding

Question 19

What is the rule on finality of collateral matters?

Answer 19

Cannot call evidence to prove peripheral matter eg credibility