Difference between leading and non-leading questions Flashcards
What is a leading question in court proceedings?
A leading question suggests the answer within the question itself, directing the witness toward a specific reply, e.g., “You saw the defendant leave, didn’t you?”
What is a non-leading question in court proceedings?
A non-leading question is an open question that invites the witness to provide their own account without suggesting an answer, e.g., “What did you see that evening?”
When must only non-leading questions be asked during a trial?
Non-leading questions must be used during examination-in-chief, to allow the witness to give evidence freely and independently of the lawyer’s influence.
Why are leading questions used during cross-examination?
During cross-examination, leading questions are allowed to directly challenge the witness and present the questioning party’s version of events for the witness to address.
What does competence mean in the context of being a witness?
Competence refers to a person’s ability to give evidence in court; generally, everyone is competent unless they cannot understand the questions or are still facing charges in the same proceedings.
When can a co-accused give evidence for the prosecution?
A co-accused can only testify for the prosecution after they plead guilty, as they must no longer be an active defendant in the case.
What is compellability of a witness in a criminal trial?
Compellability means the ability to legally require someone to attend court and give evidence or provide documents, usually enforced through a witness summons.
Are spouses always compellable witnesses against each other?
Generally, spouses are not compelled to testify against one another, unless the case involves certain serious offenses like crimes against children.
What are special measures in criminal proceedings?
Special measures are steps taken to assist vulnerable or intimidated witnesses in giving their best evidence in court by reducing the stress of testifying.
Who are the typical beneficiaries of special measures?
Special measures are designed mainly for children, individuals with mental health conditions, and victims of sensitive crimes like sexual assault.
List examples of special measures that might be used for witnesses.
- Using screens to block the defendant from the witness’s view
- Allowing evidence via live video link
- Conducting the trial in private
- Removal of formal courtroom attire (wigs and gowns).
- Using a pre-recorded video interview for the witness’s evidence.
- Conducting pre-recorded cross-examinations outside of the court.
- Examination through an intermediary for especially vulnerable witnesses
Which special measure is specifically reserved for vulnerable witnesses only?
The use of an intermediary to assist the witness during examination is available only for vulnerable witnesses.
What is the primary ethical duty of a solicitor in criminal proceedings?
A solicitor’s primary duty is to the court and the rule of law, ensuring the proper administration of justice, not just advancing the client’s interests.
How should a solicitor balance their duty between the client and the court?
While solicitors must act in the client’s best interests, they must never mislead the court or act dishonestly, as their overriding obligation is to justice and the legal system.
Who else, apart from their client and the court, does a solicitor owe duties to?
Solicitors also owe duties to third parties and to the broader public interest in upholding the integrity of the legal process.
How might the solicitor’s duty to the court be tested in the SQE exam?
It is typically examined in ethics-related questions, assessing a solicitor’s ability to prioritize the rule of law and fairness over client loyalty when conflicts arise.
