Cross Examination Flashcards
(15 cards)
What are the two purposes of cross-examination?
- To elicit information supporting the case of the party conducting the cross-examination
- To cast doubt on the accuracy of the testimony given
What may the Judge do if a party fails to comply with their cross-examination duties under Section 92?
- Grant permission for the witness to be recalled and questioned about the contradictory evidence or
- Admit the contradictory evidence on the basis that the weight to be given to it may be affected by the fact that the witness was not questioned
- Exclude the contradictory evidence
- Make any other order that the Judge considers just
The duty to cross examine will arise when…
- the cross-examination deals with “significant matters”
- the matters are “relevant” and “in issue”
- the matters “contradict the evidence of the witness”
- the witness may “reasonably be expected to be in a position to give admissible evidence on those matters”
What is the purpose of Section 85 (Unacceptable questions) and when will it typically be invoked
Gives the trial Judge a wide discretion to control the nature of questions and the manner in which they are put.
Will typically be invoked to control cross-examination.
What prior inconsistent statements may the witnesses be cross-examined on?
- Written witness statements
- Oral Statements
What must the party do if they wish to prove that the witness made the statement but the witness does not expressly admit to making the statement?
- The party must show the statement to the witness if it’s in writing or disclose the contents if it’s not in writing
- The witness must be given the opportunity to deny making the statement
When would the court give leave for the prosecution to call evidence after the completion of their own case?
If the further evidence:
- relates to a purely formal matter
- relates to a matter arising out of the conduct of the defence
- was not available or admissible before the prosecutions case was closed
- is required to be admitted in the interests of justice for any other reason
What does Section 122(2) require?
Requires the Judge to consider giving a warning under Section 122(1)
What does Section 122(1) involve regarding warnings?
Provides that the Judge may warn the jury about evidence that they think may be unreliable
What does Section 122(2)(b) apply to?
When the only evidence implicating the defendant is a confession. Acknowledges the risk that a defendant may falsely “confess”.
What does Section 122(2)(b) require the circumstances be relating to a confession?
Requires that the circumstances in which the statement was made “was not likely to have affected its reliability”.
Section 124 Warning about lies - When a warning must be given, it should include direction that:
- The jury needs to be satisfied that the defendant did lie before they use the evidence
- People lie for various reasons and
- The jury should not necessarily conclude that just because the defendant lied they are guilty of the offence charged
What are the O/C’s responsibilities regarding witnesses at hearings?
- Advise witnesses of the time, date and place of trial
- Check whether they have given evidence before
- Advise witnesses they may read their written statement to refresh memory
- Ensure they remain within call
- Check the jury list to make sure none of the jurors are known to the witness
- Warn the witnesses that they are not to mix with jurors
List what you should do when giving evidence:
- Take care that you actually answer the question
- Say you don’t know, rather than guess
- Do not be flippant
- Address the judge as “Your honour” or “Sir/Ma’am”
- Advise the judge of any mistakes you have made
What to do when giving evidence if you need to refer to your notebook?
- Ask the courts permission
- Introduce the material properly
- Remember that the defence and the jury are entitled to view your notes, seal off other entries
- Remember that you are only allowed to refresh your memory
