Court Procedures And Witnesses

Question 1

If someone fails to appear must the case be heard in their absence?

Answer 1

In youth court it may be

In mags it must be unless it is contrary to interests of justice

Question 2

How long can a defendant be held in custody prior to a trial in youth court?

Mags? Crown?

Answer 2

Youth - no max
Mags - 56 days summary
Either way - 70
Crown court- 112 from the defendants commital to trial
Or 182 days less any period spent in custody in a mags court

Question 3

What if someone is willing and able to attend their trial but they have been ejected by security? Would the case have to be adjourned or can it go ahead?

Answer 3

It should be adjourned

Question 4

What happens if mitigation is not read out after a guilty plea by post?

Answer 4

Proceedings automatically nullified

Question 5

Can children give evidence?

Answer 5

Yes however under 14’s must be unsworn as long as they are competent. Any age can give evidence as long as they are competent.

Question 6

If special measures grant evidence in private. Who can be excused?

Answer 6

Everyone except the accused and their legal team.

Question 7

When can special measures be applied for for a witness?

Answer 7

Sexual offences or if there are RGB that they are intimidated or likely to be.

Must be by any person other than the accused.

Question 8

Ignoring exemptions, what is the max time limit a mags court can remand someon?

Answer 8

8 days

Question 9

Can Amanda give evidence via live link from canada?

Answer 9

Yes for indictable offences. No need for defence and prosecution to agree.

Question 10

If the jury go out and consider a verdict and during this the defendant changes himself to guilty. What is the process?

Answer 10

Jury called back in and the defendant redoes entering their plea. Jury then have to come back formally with guilty.

Question 11

Can someone be compelled to give evidence against their husband or wife?

Answer 11

Yes if assaults or threats on a child under 16 or child sex offences.

Or DV

Question 12

Under what age is automatically entitled to special measures?

Answer 12

Under 18

Question 13

mckenzie friends assist in court when they are representing themselves. Can they ask questions of witnesses?

Answer 13

No but they can suggest

Question 14

Can you ask leading questions when cross examining?

Answer 14

Yes

Question 15

Who is eligible for special measures?

Answer 15

Anyone under 18 at the time of the hearing

And

Witnesses where the quality of their testimony will be diminished by either:

• mental disorder
• significant impairment of intelligence and functioning
• physical disability or disorder
• fear or distress in connection with testifying
• any witness to a relevant offence (murder, manslaughter, wounding assault etc)
• offences involving a firearm or knife
• an adult complainant in relation a sexual offence, human trafficking offences and indecent photos

Question 16

Under what circumstances can evidence be given in private?

Answer 16

Sexual offences

When there are reasonable grounds to believe that a witness has or will be intimated by any person OTHER than the accused

Question 17

Mary wants to give her evidence in private. She is scared of the accused who has been intimidating her from prison. It is a robbery trial. Can she give evidence in private?

Answer 17

No it is not a sexual offence and there are no RGB that a witness has or will be intimidated by any person OTHER than the accused.

Question 18

A witness can refer to a statement or document created by themselves or by another verified by themselves under what circumstances?

Answer 18

They state whilst giving evidence that the previously made document or transcript records their recollection of the matter

And

Their recollection was better at the time the document was made

Only the judge can determine whether the witnesses recollection was better at the time of making the statement.

Question 19

Could i review a video whilst giving my evidence if it assists me in recalling events?

Answer 19

No any recordings of sounds or moving images are not prohibited.

However a tape recording is considered to be a document and can be listened to.

Question 20

If someone asks a leading question, is the answer inadmissible?

Answer 20

No however it will attract less weight.

Question 21

Can leading questions be asked?

Answer 21

Yes where uncontroversial issues are accepted by all parties
Hostile witnesses
To refresh a witnesses memory
For the purpose of identification

Or cross examining another party’s witness

Question 22

Must someone give evidence in chief first before they can be cross examined or can you be cross examined without ever providing evidence in chief?

Answer 22

General rule, everyone must give evidence in chief.

Unless there are identical accounts in which case for expedience, they can just cross examine

Question 23

There is a trial of a section 4 public order offence. Can the defendant cross examine a witness?

Answer 23

No as it involves an offence of assault, injury or threat of injury.

Others include sexual offences, kidnapping and false imprisonment, child abduction.

Question 24

John has been charged with criminal damage. He wants to cross examine a witness himself. Can he do this?

Answer 24

Yes - unless upon application from the prosecution or the courts own motion if:

The quality of the witnesses evidence on cross examination would be likely to be either:

• diminished if the defendant conducted the cross examination or
• improved if the defendant were prohibited from conducting the cross examination

And that it would not be contrary to the interests of justice to prohibit the defendant from doing so.

Question 25

Gemma has been raped. Can she be asked about her previous sexual past in court?

Answer 25

No evidence may be adduced and no questions can be asked in cross examination by the defendant or on behalf of the defendant unless the court grants leave (permission) to do so.

Basically unless it is necessary to rebut prosecution evidence or it is relevant to an issue in the case and either it does not relate to the issue of consent or it does relate to consent and either:

• it relates to sexual behaviour at or about the time as this case or the sexual behaviour is so similar that it cannot be described as a coincendence.

Question 26

Jillian has been raped and the suspect has been charged. At trial, the defence want to cross examine Jillian about her previous sexual history. Can they do this?

Answer 26

Not unless the court grants them permission to.

They can grant permission in this case if it is necessary to rebut prosecution evidence or it is relevant to an issue in the case.

If it relates to the issue of consent and the sexual behaviour occurred at or about the same time as this case or the behaviour is so similar.

Question 27

can you ask leading questions during re-examination?

Answer 27

No

Question 28

Under what circumstances, if any, would the prosecution be allowed to comment in court on the fact that the defendant’s wife had failed to give evidence against him?

Answer 28

The failure of the spouse or civil partner of a person charged in any proceedings to give evidence in the proceedings shall “not” be made the subject of any comment by the prosecution.

Question 29

If a wife witnesses a husband commit a serious sexual offence against an adult, are they compellable to give evidence at court?

Answer 29

No

Only against a child under 16.

Question 30

Husband witnesses wife seriously assault another person. Are they compellable to give evidence?

Answer 30

Not unless the victim is under 16.