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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.
A witness has a legal obligation to give evidence if called upon to do so, which is referred to as competence.
False (B)
A person who is being tried can testify on their own behalf without any restrictions.
A person who is being tried can testify on their own behalf without any restrictions.
False (B)
The burden of establishing a witness's competence lies with the court.
The burden of establishing a witness's competence lies with the court.
False (B)
A witness who cannot give intelligible evidence is still allowed to testify.
A witness who cannot give intelligible evidence is still allowed to testify.
In the case of R v MacPherson, the 4-year-old girl was found to be incompetent to testify.
In the case of R v MacPherson, the 4-year-old girl was found to be incompetent to testify.
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.
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.
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.
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.
If a witness breaks their oath, it is considered contempt of court.
If a witness breaks their oath, it is considered contempt of court.
A judge can order a summons to compel a witness to testify.
A judge can order a summons to compel a witness to testify.
The accused and their spouse or civil partner are compellable witnesses.
The accused and their spouse or civil partner are compellable witnesses.
The Criminal Evidence Act 1898 gave the accused competence to testify.
The Criminal Evidence Act 1898 gave the accused competence to testify.
Adverse inferences can be drawn if the accused chooses not to appear as a defence witness.
Adverse inferences can be drawn if the accused chooses not to appear as a defence witness.
The court has no discretion to not permit adverse inferences from silence or lack of testimony.
The court has no discretion to not permit adverse inferences from silence or lack of testimony.
R v Dixon established that adverse inferences can only be drawn where the accused's mental condition is relevant.
R v Dixon established that adverse inferences can only be drawn where the accused's mental condition is relevant.
Pleading diminished responsibility automatically bars adverse inferences being drawn if evidence is not given by the defendant.
Pleading diminished responsibility automatically bars adverse inferences being drawn if evidence is not given by the defendant.
The phrase 'as appear proper' in s35(1)(b) gives the trial judge a limited discretion to draw adverse inferences.
The phrase 'as appear proper' in s35(1)(b) gives the trial judge a limited discretion to draw adverse inferences.
The Lucas direction is given to the jury to consider evidence of lies as probative of guilt.
The Lucas direction is given to the jury to consider evidence of lies as probative of guilt.
A witness who is under 18 at the time of the hearing is automatically considered a vulnerable witness.
A witness who is under 18 at the time of the hearing is automatically considered a vulnerable witness.
The prosecution can always bring in evidence of previous sexual history in a sexual case.
The prosecution can always bring in evidence of previous sexual history in a sexual case.
A court can direct a jury to consider evidence that includes alleged lies.
A court can direct a jury to consider evidence that includes alleged lies.
A witness with a mental impairment is not eligible for special measures.
A witness with a mental impairment is not eligible for special measures.
A complainant in a sexual case is not automatically considered a vulnerable witness.
A complainant in a sexual case is not automatically considered a vulnerable witness.
A spouse or civil partner of the defendant can be compelled to testify in any case involving the defendant.
A spouse or civil partner of the defendant can be compelled to testify in any case involving the defendant.
Corroboration is always required to secure a conviction.
Corroboration is always required to secure a conviction.
Judges can be compelled to give evidence about things they witnessed in their judicial capacity.
Judges can be compelled to give evidence about things they witnessed in their judicial capacity.
The sovereign can be compelled to give evidence in court.
The sovereign can be compelled to give evidence in court.
A witness's evidence is always enough to secure a conviction.
A witness's evidence is always enough to secure a conviction.
The Criminal Justice and Public Order Act 1994 abolished the requirement for corroboration in all cases.
The Criminal Justice and Public Order Act 1994 abolished the requirement for corroboration in all cases.
A Lucas direction is always given when a defendant has told a lie.
A Lucas direction is always given when a defendant has told a lie.
The Lucas direction is used to infer guilt from a lie told by the defendant.
The Lucas direction is used to infer guilt from a lie told by the defendant.
A judge can direct the jury to require corroboration based on a defendant's history of mental illness.
A judge can direct the jury to require corroboration based on a defendant's history of mental illness.
A cell confession is considered to be reliable evidence.
A cell confession is considered to be reliable evidence.
What is the purpose of a Lucas direction in a trial?
What is the purpose of a Lucas direction in a trial?
What is the condition for a witness to be eligible for special measures under the Youth Justice and Criminal Evidence Act 1999?
What is the condition for a witness to be eligible for special measures under the Youth Justice and Criminal Evidence Act 1999?
What is the significance of the case of R v Nash in relation to Lucas direction?
What is the significance of the case of R v Nash in relation to Lucas direction?
What is the primary purpose of the Youth Justice and Criminal Evidence Act 1999 in relation to vulnerable witnesses?
What is the primary purpose of the Youth Justice and Criminal Evidence Act 1999 in relation to vulnerable witnesses?
What is the significance of s41 of the Youth Justice and Criminal Evidence Act 1999 in relation to previous sexual history?
What is the significance of s41 of the Youth Justice and Criminal Evidence Act 1999 in relation to previous sexual history?
What is the category of vulnerable witnesses that requires consideration of a range of contextual factors, including alleged circumstances and domestic situation?
What is the category of vulnerable witnesses that requires consideration of a range of contextual factors, including alleged circumstances and domestic situation?
What is the difference between competence and compellability in the context of witness testimony?
What is the difference between competence and compellability in the context of witness testimony?
Who can testify in court?
Who can testify in court?
In the case of R v MacPherson, what was the issue with the 4-year-old girl's testimony?
In the case of R v MacPherson, what was the issue with the 4-year-old girl's testimony?
Who has the burden of establishing a witness's competence?
Who has the burden of establishing a witness's competence?
What is required for a witness to be competent to give evidence?
What is required for a witness to be competent to give evidence?
What is the purpose of a voire dire hearing?
What is the purpose of a voire dire hearing?
What is the primary requirement for a person to be considered competent to give evidence in criminal proceedings?
What is the primary requirement for a person to be considered competent to give evidence in criminal proceedings?
Which of the following individuals cannot be compelled to give evidence in court?
Which of the following individuals cannot be compelled to give evidence in court?
What is the consequence of breaking an oath or making a false solemn affirmation in court?
What is the consequence of breaking an oath or making a false solemn affirmation in court?
Under what circumstances can a judge not permit adverse inferences to be drawn from a defendant's silence or lack of testimony?
Under what circumstances can a judge not permit adverse inferences to be drawn from a defendant's silence or lack of testimony?
What is the effect of the Criminal Justice and Public Order Act 1994, s35(4) on the accused's ability to give evidence?
What is the effect of the Criminal Justice and Public Order Act 1994, s35(4) on the accused's ability to give evidence?
What is the significance of the phrase 'as appear proper' in s35(1)(b)?
What is the significance of the phrase 'as appear proper' in s35(1)(b)?
What is the significance of R v Dixon in relation to adverse inferences?
What is the significance of R v Dixon in relation to adverse inferences?
What is the effect of pleading diminished responsibility on adverse inferences?
What is the effect of pleading diminished responsibility on adverse inferences?
What is the significance of the Criminal Evidence Act 1898?
What is the significance of the Criminal Evidence Act 1898?
What is the role of the judge in determining whether there is a case to answer?
What is the role of the judge in determining whether there is a case to answer?
Under what conditions can a spouse or civil partner be compelled to testify against the defendant?
Under what conditions can a spouse or civil partner be compelled to testify against the defendant?
What is the purpose of corroboration in a legal case?
What is the purpose of corroboration in a legal case?
In what type of cases is corroboration required?
In what type of cases is corroboration required?
What is the significance of the Criminal Justice and Public Order Act 1994?
What is the significance of the Criminal Justice and Public Order Act 1994?
What is the significance of R v Makanjuola?
What is the significance of R v Makanjuola?
What is the purpose of the Lucas direction?
What is the purpose of the Lucas direction?
What is the significance of R v Walker?
What is the significance of R v Walker?
What is the general principle regarding corroboration?
What is the general principle regarding corroboration?
What is the significance of Benedetto v R?
What is the significance of Benedetto v R?
What is the purpose of directing the jury on the need for corroboration?
What is the purpose of directing the jury on the need for corroboration?
Flashcards
Corroboration of Witness Evidence
Corroboration of Witness Evidence
Independent evidence that supports a witness's testimony, connecting the defendant to the crime.
General Rule for Corroboration
General Rule for Corroboration
Corroboration is not always required for a conviction, but there are exceptions.
Speeding Cases: Corroboration
Speeding Cases: Corroboration
Speeding cases require corroboration, like using a speed gun to back up visual evidence.
Sexual Offenses: Corroboration
Sexual Offenses: Corroboration
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Cell Confessions
Cell Confessions
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Lucas Direction
Lucas Direction
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Competence (Witness)
Competence (Witness)
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Compellability (Witness)
Compellability (Witness)
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Testifying Defendant
Testifying Defendant
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Witness Intelligibility
Witness Intelligibility
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Establishing Witness Competence
Establishing Witness Competence
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Oaths and Affirmations
Oaths and Affirmations
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Compellability of Spouses
Compellability of Spouses
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Adverse Inferences
Adverse Inferences
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Vulnerable Witnesses
Vulnerable Witnesses
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Special Measures for Witnesses
Special Measures for Witnesses
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Previous Sexual History
Previous Sexual History
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Previous Sexual History - Gateways
Previous Sexual History - Gateways
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Compellability of Judges
Compellability of Judges
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Compellability of Sovereign
Compellability of Sovereign
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Complainants in Sexual Cases
Complainants in Sexual Cases
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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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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.
