L27 - EIC and Non-leading Questions

Question 1

What are the stages of evidence?

Answer 1

Under Section 28 of the Evidence Act 2008
- Evidence in chief.
- Cross-examination.
- Re-examination.

Question 2

What are the steps of tendering an exhibit?

Answer 2

• Show (Your honour, I ask this item to be shown to the witness OR may the witness see exhibit B?)
• Identify (Please tell the court what has been handed to you)
• Verify (Where did you first see this item… etc.)
• Tender (Your honour, I tender this as an exhibit)

Question 3

How are exhibits numbered?

Answer 3

Prosecution: A, B, C … etc.
Defence: 1, 2, 3, 4 … etc.

Question 4

What is the definition of “Leading Question”?

Answer 4

As defined in the Evidence Act 2008.
A) directly or indirectly suggests a particular answer to a question; or
B) assumes the existence of a fact the existence of which is in dispute in the proceeding and as to the existence of which the witness has not given evidence before the question is asked.

Question 5

What are examples of non-leading questions?

Answer 5

Who, what, when, where, why and how.

Question 6

What are the exceptions to asking leading questions in Evidence in Chief?

Answer 6

• Non-contentious or undisputed matters.
• Agreed facts Section 191 Evidence Act.
• Focussing attention Section 33 Evidence Act (Police)
• Section 38 Evidence Act (Unfavourable Witnesses)