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Flashcards in Practical Matters Deck (6)
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1

What should be done when preparing witness for court?

-Advise them of time/date/place of trial and exhibits to be presented
-Ask whether they have given evidence before and if not advise them of the procedure
-Advise the witness that they can refresh their memory from a written statement but cannot read other documents
-Ensure witnesses remain within call if they are excluded from the courtroom
-Check jury list to make sure none of the jurors are known to the witnesses
-Warn witness not to speak or mix with the jurors
-Advise the witness about witness expenses

2

What should the OC Case do generally

Ensure that you look, stand and speak professionally
-Identify the defendant
-Locate and help witness as required
-Do not mix or gossip with jurors or members of defence

3

What should OC Case do giving evidence

-Take care that you answer question being asked
-Say you don't know rather then guess
-Do not be flippant
-Address the judge as your honor or sir/ma'am
-Address the prosecutor and defence as sir/Ma'am
-Advise the judge of any mistakes made as soon as possible, or advise the prosecutor, if you have finished giving evidence

4

When referring to your notebook while giving evidence what must you do?

-Ask for the courts permission
-Introduce the material correctly
-Remember that the defence and the jury are entitled to view your notes so seal off other entries
-Only use to refresh your memory unless you have permission to read the notes of the interview

5

How do you introduce a notebook statement to the court?

Give evidence on any prior discussions or oral admissions but only give passing reference to irrelevant material.

6

What happens if the evidence you give is pro defence?

Give all evidence as you are there to assist the court in establishing the truth.