5. Course of Evidence - Summary

Question 1

Point 1

Answer 1

• The conduct of criminal trials follows the “adversarial” or “accusatorial” system of justice developed through the English common law

Question 2

Point 2

Answer 2

The simplified conduct of a jury trial is:
− the jury is empanelled and a foreperson selected
− the prosecution gives their opening address
− the prosecution case is presented
− the defence gives their opening address (although the defence may make an address after the prosecution opening)
− the defence case is presented (if they choose to call any witnesses)
− the prosecution makes their closing statement
− the defence makes their closing statement
− the judge sums up
− the jury retires to decide the verdict.

Question 3

Point 3

Answer 3

Witnesses who are 12 years of age or older must take an oath or
affirmation before giving evidence (s77). Witnesses under the age of 12:
− must be informed by the judge of the importance of telling the truth and not telling lies, and
− must, after being given that information and before giving evidence, make a promise to tell the truth.

Question 4

point 4

Answer 4

The previous consistent statements rule states that the previous statement made by a witness that is consistent with the witness’s evidence is inadmissible at trial unless exceptions found in the section apply.

Question 5

Point 5

Answer 5

There are a number of warnings or directions that a judge may issue in relation to matters that arise during the trial. These include:
− the way evidence is given during the proceeding
− a warning about evidence that may be unreliable, and
− a warning about lies.