Recent

  • Show all results for ""

🎧 New: AI-Generated Podcasts Turn your study notes into engaging audio conversations. Learn more

Evidence Law: Competence and Compellability
64 Questions
1 Views

Evidence Law: Competence and Compellability

Created by
@RecommendedKrypton

Podcast Beta

Play an AI-generated podcast conversation about this lesson

Questions and Answers

A witness has a legal obligation to give evidence if called upon to do so, which is referred to as competence.

False

A person who is being tried can testify on their own behalf without any restrictions.

False

The burden of establishing a witness's competence lies with the court.

False

A witness who cannot give intelligible evidence is still allowed to testify.

<p>False</p> Signup and view all the answers

In the case of R v MacPherson, the 4-year-old girl was found to be incompetent to testify.

<p>False</p> Signup and view all the answers

The trial judge in R v MacPherson was required to ensure that the 4-year-old girl understood the difference between truth and falsehood before determining her competence.

<p>True</p> Signup and view all the answers

Under the Youth Justice and Criminal Justice Act, s53.3, a person is considered competent to give evidence in criminal proceedings if they are able to understand questions.

<p>True</p> Signup and view all the answers

If a witness breaks their oath, it is considered contempt of court.

<p>False</p> Signup and view all the answers

A judge can order a summons to compel a witness to testify.

<p>True</p> Signup and view all the answers

The accused and their spouse or civil partner are compellable witnesses.

<p>False</p> Signup and view all the answers

The Criminal Evidence Act 1898 gave the accused competence to testify.

<p>True</p> Signup and view all the answers

Adverse inferences can be drawn if the accused chooses not to appear as a defence witness.

<p>True</p> Signup and view all the answers

The court has no discretion to not permit adverse inferences from silence or lack of testimony.

<p>False</p> Signup and view all the answers

R v Dixon established that adverse inferences can only be drawn where the accused's mental condition is relevant.

<p>False</p> Signup and view all the answers

Pleading diminished responsibility automatically bars adverse inferences being drawn if evidence is not given by the defendant.

<p>False</p> Signup and view all the answers

The phrase 'as appear proper' in s35(1)(b) gives the trial judge a limited discretion to draw adverse inferences.

<p>False</p> Signup and view all the answers

The Lucas direction is given to the jury to consider evidence of lies as probative of guilt.

<p>False</p> Signup and view all the answers

A witness who is under 18 at the time of the hearing is automatically considered a vulnerable witness.

<p>True</p> Signup and view all the answers

The prosecution can always bring in evidence of previous sexual history in a sexual case.

<p>False</p> Signup and view all the answers

A court can direct a jury to consider evidence that includes alleged lies.

<p>True</p> Signup and view all the answers

A witness with a mental impairment is not eligible for special measures.

<p>False</p> Signup and view all the answers

A complainant in a sexual case is not automatically considered a vulnerable witness.

<p>False</p> Signup and view all the answers

A spouse or civil partner of the defendant can be compelled to testify in any case involving the defendant.

<p>False</p> Signup and view all the answers

Corroboration is always required to secure a conviction.

<p>False</p> Signup and view all the answers

Judges can be compelled to give evidence about things they witnessed in their judicial capacity.

<p>False</p> Signup and view all the answers

The sovereign can be compelled to give evidence in court.

<p>False</p> Signup and view all the answers

A witness's evidence is always enough to secure a conviction.

<p>False</p> Signup and view all the answers

The Criminal Justice and Public Order Act 1994 abolished the requirement for corroboration in all cases.

<p>False</p> Signup and view all the answers

A Lucas direction is always given when a defendant has told a lie.

<p>False</p> Signup and view all the answers

The Lucas direction is used to infer guilt from a lie told by the defendant.

<p>False</p> Signup and view all the answers

A judge can direct the jury to require corroboration based on a defendant's history of mental illness.

<p>False</p> Signup and view all the answers

A cell confession is considered to be reliable evidence.

<p>False</p> Signup and view all the answers

What is the purpose of a Lucas direction in a trial?

<p>To guard against a forbidden line of reasoning that lies are simply probative of guilt</p> Signup and view all the answers

What is the condition for a witness to be eligible for special measures under the Youth Justice and Criminal Evidence Act 1999?

<p>The witness has a mental or physical impairment</p> Signup and view all the answers

What is the significance of the case of R v Nash in relation to Lucas direction?

<p>It stated that a direction may be required where lies are used to support evidence of guilt</p> Signup and view all the answers

What is the primary purpose of the Youth Justice and Criminal Evidence Act 1999 in relation to vulnerable witnesses?

<p>To provide special measures for vulnerable witnesses, including youth, intimidated, and impaired witnesses</p> Signup and view all the answers

What is the significance of s41 of the Youth Justice and Criminal Evidence Act 1999 in relation to previous sexual history?

<p>It provides four gateways to allow sexual history being brought by court</p> Signup and view all the answers

What is the category of vulnerable witnesses that requires consideration of a range of contextual factors, including alleged circumstances and domestic situation?

<p>Witnesses who are fearful or distressed due to the act of testifying</p> Signup and view all the answers

What is the difference between competence and compellability in the context of witness testimony?

<p>Competence refers to whether a witness can give intelligible evidence, while compellability refers to whether a witness has a legal obligation to give evidence if called upon to do so.</p> Signup and view all the answers

Who can testify in court?

<p>Any person, except those who cannot give intelligible evidence.</p> Signup and view all the answers

In the case of R v MacPherson, what was the issue with the 4-year-old girl's testimony?

<p>She was not competent to testify because she could not understand the difference between truth and falsehood.</p> Signup and view all the answers

Who has the burden of establishing a witness's competence?

<p>The party calling the witness.</p> Signup and view all the answers

What is required for a witness to be competent to give evidence?

<p>They must be able to understand the difference between truth and falsehood.</p> Signup and view all the answers

What is the purpose of a voire dire hearing?

<p>To determine the competence of a witness.</p> Signup and view all the answers

What is the primary requirement for a person to be considered competent to give evidence in criminal proceedings?

<p>Ability to understand questions and provide intelligible answers</p> Signup and view all the answers

Which of the following individuals cannot be compelled to give evidence in court?

<p>The sovereign</p> Signup and view all the answers

What is the consequence of breaking an oath or making a false solemn affirmation in court?

<p>Perjury</p> Signup and view all the answers

Under what circumstances can a judge not permit adverse inferences to be drawn from a defendant's silence or lack of testimony?

<p>If the defendant is physically or mentally unable to give evidence</p> Signup and view all the answers

What is the effect of the Criminal Justice and Public Order Act 1994, s35(4) on the accused's ability to give evidence?

<p>It allows the accused to give evidence without fear of adverse inferences</p> Signup and view all the answers

What is the significance of the phrase 'as appear proper' in s35(1)(b)?

<p>It gives the trial judge a wide discretion to draw adverse inferences</p> Signup and view all the answers

What is the significance of R v Dixon in relation to adverse inferences?

<p>It held that a defendant's low intelligence is not a sufficient reason to prevent adverse inferences from being drawn</p> Signup and view all the answers

What is the effect of pleading diminished responsibility on adverse inferences?

<p>It has no effect on adverse inferences</p> Signup and view all the answers

What is the significance of the Criminal Evidence Act 1898?

<p>It gave the accused competence to give evidence</p> Signup and view all the answers

What is the role of the judge in determining whether there is a case to answer?

<p>The judge decides whether the prosecution has a prima facie case</p> Signup and view all the answers

Under what conditions can a spouse or civil partner be compelled to testify against the defendant?

<p>Only in cases involving assault or injury against an under 16 or the spouse/partner, or sexual cases against an under 16</p> Signup and view all the answers

What is the purpose of corroboration in a legal case?

<p>To connect the defendant to the crime through independent evidence</p> Signup and view all the answers

In what type of cases is corroboration required?

<p>Only in cases involving speeding</p> Signup and view all the answers

What is the significance of the Criminal Justice and Public Order Act 1994?

<p>It abolished the requirement for judges to warn about uncorroborated statements from complainants in sexual cases</p> Signup and view all the answers

What is the significance of R v Makanjuola?

<p>It abolished the discretion to require corroboration</p> Signup and view all the answers

What is the purpose of the Lucas direction?

<p>To infer guilt from a lie told by the defendant</p> Signup and view all the answers

What is the significance of R v Walker?

<p>It highlighted the importance of considering retractions in evaluating the credibility of a witness</p> Signup and view all the answers

What is the general principle regarding corroboration?

<p>Corroboration is generally not required to secure a conviction, but may be required in specific cases</p> Signup and view all the answers

What is the significance of Benedetto v R?

<p>It highlighted the importance of treating cell confessions with caution</p> Signup and view all the answers

What is the purpose of directing the jury on the need for corroboration?

<p>To warn the jury about the dangers of uncorroborated evidence</p> Signup and view all the answers

Study Notes

Witnesses and Evidence

  • A witness's evidence needs to be corroborated with independent evidence to connect the defendant to the crime.
  • The general principle is that corroboration is not required to secure a conviction, but there are exceptions and discretionary considerations.

Exceptions

  • In cases involving speeding, corroboration is required (e.g. speed gun data to support visual evidence).
  • In cases involving complainants in sexual offences, judges used to be required to warn juries about uncorroborated statements, but this was abolished by the Criminal Justice and Public Order Act 1994.
  • In cases involving "cell confessions" (where one prisoner testifies that another prisoner confessed), the evidence should be treated with utmost caution.

Discretionary Considerations

  • Judges may still direct juries to require corroboration in certain cases.
  • An alternative approach is to educate judges and juries about the realities of rape and its effects on victims, putting witness statements into context.

Lies and the Lucas Direction

  • People lie for various reasons, not just because they are guilty.
  • The Lucas Direction states that a lie told by the defendant about a material issue may indicate that the liar knew that if they told the truth, they would be incriminating themselves.
  • However, the telling of lies does not necessarily imply consciousness of guilt.
  • The jury must be sure that the lie was not told for innocent reasons before considering it in support of the prosecution case.

Competence and Compellability

  • Competence refers to whether a witness can give evidence.
  • Compellability refers to whether a witness can be forced to give evidence.

Who Can Testify?

  • Any person can testify, except:
    • The defendant cannot testify for the prosecution unless they are not in the proceedings.
    • Witnesses who cannot give intelligible evidence cannot testify.

Establishing Competence

  • The party calling the witness must establish competence (balance of probabilities).
  • The burden rests on the party calling the witness.

Swearing Oaths and Affirmations

  • Witnesses can choose to swear an oath, make a solemn affirmation, or remain unsworn.
  • Breaking the oath or affirmation is considered perjury.

Compellability of Certain Witnesses

  • The accused and their spouse or civil partner cannot be compelled to testify.
  • Judges cannot be compelled to testify.
  • The sovereign cannot be compelled to testify.

Adverse Inferences

  • If the defendant refuses to give evidence or answer questions, adverse inferences can be drawn.
  • The court has discretion not to permit adverse inferences where:
    • The defendant's physical or mental condition makes it undesirable for them to give evidence.
    • It appears to the court that giving evidence would be undesirable.

Easing the Burden on Witnesses

  • Vulnerable witnesses may be entitled to special measures, such as:
    • Screens in court
    • Live links
    • Evidence in private
    • No wigs or gowns
    • Video recorded evidence
  • There are four categories of vulnerable witnesses:
    • Under 18 at the time of the hearing
    • Having a mental or physical impairment
    • Fear or distress due to the act of testifying
    • Complainant in a sexual case### Alibis and Lies
  • A judge may direct a jury to consider evidence, including alleged lies, as evidence of guilt.
  • Lies can be used to support evidence of guilt, but the jury must be cautioned against assuming the defendant is guilty simply because they lied.
  • The Lucas direction is used to guard against assuming lies are simply probative of guilt.

Vulnerable Witnesses

  • The Youth Justice and Criminal Evidence Act 1999 provides special measures for vulnerable witnesses, including:
  • Under 18 at the time of hearing
  • Mental or physical impairment
  • Fear or distress due to testifying
  • Measures include screens in court, live links, and video recorded evidence.

Previous Sexual History

  • Traditionally permitted in sexual cases, despite the general principle of relevance.
  • The Youth Justice and Criminal Evidence Act 1999 sets out four gateways to allow sexual history to be brought by the court:
  • Evidence is not about consent
  • Evidence relates to consent and alleged behaviour was at or around the same time as the conduct
  • Evidence relates to consent and alleged behaviour so similar to the behaviour in issue, or around the same time
  • Evidence in response to sexual behaviour evidence adduced by prosecution.

Other Witnesses

  • A spouse or civil partner may not be compelled to testify, with exceptions:
  • Cases involving assault/injury against an under 16 or the spouse/partner
  • Sexual cases against an under 16
  • Judges cannot be compelled to give evidence about things witnessed in their judicial capacity.
  • The sovereign cannot be compelled to give evidence.

Corroboration

  • Corroboration means evidence that connects the defendant to the crime, independent of witness evidence.
  • General principle: corroboration is not required to secure a conviction.
  • Exceptions/discretion:
  • Speeding cases require data from a speed gun to corroborate visual evidence
  • Complainants in sexual offence cases
  • Cell confessions
  • Judges still direct to require corroboration in some cases.

Complainants in Sexual Cases

  • The Criminal Justice and Public Order Act 1994 abolished the requirement for judges to warn about uncorroborated statements from complainants.
  • Judges must be cautious when directing the jury about a witness's evidence.

Cell Confessions

  • Evidence of one prisoner testifying against another prisoner must be treated with utmost caution.
  • The jury must be directed to justify the evidence is tainted and be cautious before accepting the evidence.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

Description

Test your understanding of evidence law, including competence and compellability. Learn about who can testify, exceptions, and more. Evaluate your knowledge of the rules and principles of evidence law.

More Quizzes Like This

Introduction to Evidence Law
10 questions

Introduction to Evidence Law

EncouragingDandelion avatar
EncouragingDandelion
Law of Evidence
11 questions

Law of Evidence

CozyFactorial avatar
CozyFactorial
Key Concepts of Evidence Law
8 questions

Key Concepts of Evidence Law

BenevolentGeranium avatar
BenevolentGeranium
Use Quizgecko on...
Browser
Open
Browser
Browser