Giving Evidence in Hearings & Courts

Question 1

What are the different theatres of evidence?

Answer 1

• employer hearing
• employment tribunal
• Scottish Public Sector Ombudsman
• fatal accident inquiry
• GDS fitness to practice hearing
• courts

Question 2

What are the different parts of civil courts?

Answer 2

• tribunals
• specialist
  
  • e.g. childrens’ hearing panels
• sheriff
• court of session
• Supreme Court

Question 3

What are the different parts of criminal courts?

Answer 3

• justice of peace
• sheriff
• high court of justiciary

Question 4

When preparing evidence, what 4 factors must be considered?

Answer 4

• factual
• significant
• relevant
• credible

Question 5

What evidence may be sought in court?

Answer 5

• direct evidence
  
  • what has been personally observed?
• experiential evidence
  
  • how did you feel?
• hearsay evidence
  
  • what other people have said they observed
  • not usually allowed
• opinion evidence
  
  • from an expert witness
• documentary evidence

Question 6

What is the process once a witness in on the stand?

Answer 6

• take oath or affirmation
• examination-in-chief
  
  • lawyer leads evidence of fact
  • leading questions generally not allowed
• cross-examination
  
  • opposing lawyer questions to make look unreliable
  • leading questions allowed
• re-examination
  
  • lawyer may wish to establish explanation