Testimony Flashcards
(8 cards)
Before a person is served with a summons to appear in court, verification must be made as to..
- Whether they are allowed to give evidence
- Whether they are required to give evidence
- Whether they can refuse to give evidence
- What type of witness they will be
What does it mean if a person is eligible to give evidence?
They are lawfully able to give evidence on behalf of prosecution and defence.
What does it mean if a person is compellable to give evidence?
A witness is compellable if they can be required to give evidence against their will for both prosecution and defence.
Can a Judge or Juror give evidence in a proceeding
A Judge cannot give evidence in that proceeding.
Unless the judge gives permission a juror or counsel is ineligible to give evidence in that proceeding
Section 73 (1) Compellability of defendants and associated defendants in criminal proceedings
A defendant in a criminal proceeding is not a compellable witness for the prosecution or the defence in that proceeding
Section 73 (2) Compellability of defendants and associated defendants in criminal proceedings
An associated defendant is not compellable to give evidence for or against the defendant unless
a) the associated defendant is being tried separately or
b) the proceeding against the associated defendant has been determined
In relation to Section 73, what is an associated defendant?
A person against whom a prosecution has been instituted for
a) an offence that arose in relation to the same events
b) an offence that relates to or is connected with, the offence for which the defendant is being prosecuted
Are bank officers required to give evidence in a proceeding?
Under Section 75, where a bank is not a party to the proceeding, no bank officer is compellable to produce banking records if the contents can be proven under the “business records”
