Evidence: Witnesses

Question 1

How is elegibility to testify two-fold?

Answer 1

Compellability
Competence

Question 2

What is meant by compellability?

Answer 2

Legal Obligation to give evidence if called upon

Question 3

Which two cases show who can testify as a witness?

Answer 3

R v MacPherson [2005] EWCA Crim 3605
R v Powell [2006] EWCA Crim 3

Question 4

How is a witness said to be competent?

Answer 4

If the court may lawfully receive his evidence

Question 5

How is a witness said to be compellable?

Answer 5

If the court can require him to give evidence even if he does not want to

Question 6

What is the basic principle of elegibility to testify?

Answer 6

Any person is competent

Question 7

What are the exeptions to being able to testfy?

Answer 7

D cannot testify for the prosecution unless they are not in proeedings
Witnesses who cannot give intelligible evidence cannot testify

Question 8

What is perjury?

Answer 8

Lying while under oath, and similar offences where witness believes their statement to be false

Question 9

Witness who cannot give intelligible evidence can testify.

Answer 9

False

Question 10

What does the party calling a witness must establish competence on?

Answer 10

The balance of probability

Question 11

Which party is the burden on when calling a witness?

Answer 11

The party calling the witness

Question 12

What does the party calling a witness must establish competence on?

Answer 12

The balance of probability

Question 13

What does voire dire mean?

Answer 13

A trial within a trial

Question 14

Can a witness be compelled to testify?

Answer 14

Generally yes
A judge can order a summons however they dont have to

Question 15

Who can retain discretion regarding compellability?

Answer 15

The person who is being compeleld as a witness
However court has discretion about whether to order the attendance of a particular witness

Question 16

Which act gives the accused competence?

Answer 16

Criminal Evidence ACt 1898

Question 17

Historically who could not be a witness?

Answer 17

The accused as they were belived that they would lie

Question 18

What is the procedure of an accused if a witness?

Answer 18

Once a witness they can be cross-examined, including by co-accused
In a witness box
The accused not compellable nor for co-accused but can testify defence

Question 19

What is meant by adverse inferences?

Answer 19

Not testifying can show bad character - make judgements essentially

Question 20

What are the exceptions of adverse inferences?

Answer 20

s35(1) Criminal Justice and Public Order act 1994
Physical or mental condition
It appears to the court that D giving evidence would be undesirable

Question 21

Which act shows it is not contempt for D not to appear as a defence witness?

Answer 21

s35(4) Criminal Jusice and Public Order Act 1994

Question 22

Pleading diminshed responsibility automatically bars adverse inferences?

Answer 22

False

Question 23

What does s35 of the Criminal Justice and Public order act 1994 contain?

Answer 23

Not appearing in court can is not being in contempt for d not to appear but adverse inferences may be drawn
‘As appear proper’

Question 24

What does s35 of the Criminal Justice and Public order act 1994 not contain?

Answer 24

Someone with lower mental age than physical age should be entitled to immunity from an adverse inferene being drawn if they choose not to give evidence

Question 25

Which relations cannot generally be compelled as a witness?

Answer 25

D’s sopuse of crivil partner

Question 26

What are the exceptions to the general rule of compellability to witnesses with relations to the accused?

Answer 26

Can be compelled in cases involing assault/ injury against an under 16 or the spouse/ partner Any sexual cases agaisnt under 16 Inchoate versions of these Can be compelled agaisnt a co-accusde in these circusmtances Can be compelled to testify for the accused

Question 27

Spouses or partners can become vulnerable as a witness against D.

Answer 27

True

Question 28

What does the case Warren v Warren [1996] show?

Answer 28

The soverign cannot be compelled as a witness

Question 29

True or False the soverign is a compellable witness?

Answer 29

False

Question 30

When can judges be compelled to evidence things they have witnessed in a judicial capacity?

Answer 30

For collateral matters Otherwise a judge cannot be compelled

Question 31

What does corroboration mean?

Answer 31

Evidence that connects D to the crime, independent of the witness

Question 32

What is the general principle of corroboration?

Answer 32

Corroboration is not required to secure a conviction

Question 33

What are the exceptions/ discretions regarding corroboration?

Answer 33

Speeding (s89(1) Road Traffic act 1984: cant be convicted just on eye witness Complainents in sexual offence cases Cell confessions

Question 34

What does s32(1) of the criminal justice and public order act 1994 state?

Answer 34

Abolished the requirement for judges to warn about uncorroborated statements from complainants

Question 35

Regarding sexual offences what are the issues of corroboration?

Answer 35

Putting a witness through it to retell Many judges still require corroboration Misconceptions of rape and myths

Question 36

What is a cell confession?

Answer 36

Where one prisoner testifeis that another prisoner confessed while in prision

Question 37

What is the general principle of a cell confession?

Answer 37

Treat with utmost caution

Question 38

Which two cases contain cell confessions?

Answer 38

Bendetto 2003 Stone 2005

Question 39

What are the two elements of the Lucas Direction?

Answer 39

Lie must be admitted or proven beyond a resonable doubt Jury must be sure the lie was not because of some inncoent reason before they consider it in support for the prosecution case

Question 40

Which three cases show application of the Lucas Direction?

Answer 40

R v Burge and Pegg 1996 R v Jefford 2003 R v Nash 2004

Question 41

What are the four categories of vulnerbale and intimitdated witnesses?

Answer 41

Under 18 Having mental Or physical impairmet Fear or distress due to the act or testifying

Question 42

What are the requirement for category 4 vulnerable vitnesses?

Answer 42

Consideration of a range of contextual factors including e.g alleged circumstances, domestic situation Complaints of a secual case automatically falls to number 4 (s17)

Question 43

What ,measures could be introduced to ease vulnerable or intimidated witnesses?

Answer 43

Screens in courts Live links Communication aids No gowns or wigs

Question 44

Where would you find the four categories of vulnerable and intimidated witnesses?

Answer 44

S16 Youth Justice and Criminal Evidence Act 1999