Evidence Law: Competence and Compellability
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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.

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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.

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