Summary Witnesses. Flashcards
(23 cards)
What evidence are witnesses expected to give?
Oral, under oath.
What initially happens to witnesses?
They’ll be examined in chief by the party who called them and cross-examined by the opposing side(s).
What happens to “vulnerable witnesses”?
“Special measures” are available to assist “vulnerable witnesses” (Youth & crim evidence act 1999).
What if a witness is unable to testify?
Hearsay evidence (which is not usually admissible) becomes relevant.
What does competent mean?
The witness is able to give evidence.
What does compellable mean?
The witness may be required to give evidence.
What is the general rule?
Subject to exceptions, all persons (regardless of age) are competent (s.53(1) YJ&CE Act 1999).
What is the test for competence?
A competent witness is a witness who is able to understand the questions and put to them and give understandable answers to those q’s (s.53(3) YJ&CE Act 1999).
What is the general rule if a witness is competent?
That they are also compellable.
What if the witness fails to attend court with a witness summons being issued?
Can be considered contempt of court.
What are the exceptions to the general rule of competence?
- Accused is not a competent prosecution witness (s.53(4) YJ&CE Act 1999).
- Accused is not a compellable defence witness.
- Accused spouse, (or civil partner) cannot be compelled against the accused unless it is a “specified offence” (s.80(3) PACE 1984).
What sort of evidence will a witness normally give?
Sworn evidence (by oath or affirmation).
When may a witness not be sworn?
- If they’re under 14 years old (s.55(2)(a) YJ&CE Act 1999).
- If they do not sufficiently appreciate the solemnity of the occasion and the particular responsibility of telling the truth which taking the oath involves (s.55(2)(b) YJ&CE Act 1999.
What are the eligibility of special measures?
May be eligible on the grounds of age or incapacity (s.16 YJ&CEA 1999), if the witness is under 18, and/ or mentally or physically vulnerable.
May also be eligible on the grounds of fear or distress about testifying (s.17 YJ&CE Act 1999).
What might special measures include?
- Screening the witness.
- Live link.
- Removal of wigs and gowns.
- Recorded evidence.
- Interpreter.
- Communication aids, etc.
(ss.23-30 YJ&CE Act 1999).
When are applications for special measures made?
Pre-trial, available to pros and def witnesses but usually not to the defendant.
What is memory refreshing?
Before going in, wit may read a statement which he made reasonably close to the events which it documents (Richardson).
In the witness box, may refresh memory with a document that she made verified at an earlier time.
What are the 3 stages of examination a witness at trial?
- Examination in chief (by party calling the witness).
- Cross-examination (by other party/parties).
- Re-examination (by party who called the witness.
What is an examination in chief?
Examination of a witness by/on behalf of the party who called the witness.
(Leading Q).
What is x-examination?
Examination of a witness by/on behalf of a party other than the party who called the witness.
Leading Q’s may be asked.
What is re-examination?
Conducted by/on behalf of the party who called witness.
- Leading Q’s shouldn’t be asked (Bottomly).
- Memory refreshing may take place (Sutton).
- Witness may be treated as hostile with leave of the court (Powell).
What is an unfavourable witness?
Not deliberately hostile to the party calling him/her but is a poor witness, evidence of the witness bad character cannot be adduced to discredit the witness (s.3 CPA 1865). Party who called him/her can’t attack the witness.
What is a hostile witness?
Doesn’t want to tell the truth on behalf of the party who called him/her/ deliberately “forgets” the facts or deliberately gives evidence inconsistent with his out-of-court statement.
