Evidential issues relating to witnesses

Questions and Answers

Which requirement must always be established by evidence on oath for a witness summons?

Voluntary attendance of the witness

Requirement (a) (correct)

Requirement (b)

Testamentary capacity of the witness

Who is primarily responsible for ensuring the attendance of prosecution witnesses?

The defence solicitor

The accused individual

The police (correct)

The judge presiding over the trial

What is the consequence of failing to attend a witness summons without just excuse?

The case is dismissed

The person may be held in contempt of court (correct)

The witness summons is voided

The person will be fined by the court

Which of the following is NOT a method for serving a witness summons?

Emailing to the individual's legal representative Signup and view all the answers

When may a witness summons be applied for?

If it is believed that the witness will not attend voluntarily Signup and view all the answers

Which role does the judge who issued the warrant typically assume in cases of contempt related to witness attendance?

Deal with the witness personally Signup and view all the answers

What kind of evidence can establish requirement (b) for a witness summons?

Evidence on oath or other prescribed manner Signup and view all the answers

In what situation might it be necessary to secure the attendance of a witness through other means?

When the witness is uncertain or unwilling to appear voluntarily Signup and view all the answers

What must be demonstrated for a witness to be sworn in court?

The witness must have a sufficient appreciation of the matters in question. Signup and view all the answers

Under what circumstance can a witness give unsworn evidence?

When the witness is called solely to produce a document. Signup and view all the answers

Which process requires the court to determine whether a witness may be sworn?

Holding proceedings in the absence of the jury. Signup and view all the answers

What is required if the identity of a document is disputed?

The witness must provide sworn evidence. Signup and view all the answers

What factor influences the presumption of a witness's competence?

The ability to provide comprehensible answers. Signup and view all the answers

What factors primarily determine a witness's competence according to the content?

The witness's ability to understand questions and provide understandable answers Signup and view all the answers

When is expert evidence admissible concerning a witness's ability to be sworn?

When the witness possesses specialized knowledge relevant to the case. Signup and view all the answers

At what age can a witness be sworn for their testimony as per the content?

14 years old Signup and view all the answers

What happens if evidence is adduced to question a witness's credibility?

The party challenging the witness must prove competence on a balance of probabilities. Signup and view all the answers

Is knowledge of their status as a witness required for a child to be deemed competent?

No, awareness of status is not a requirement Signup and view all the answers

What is required for a video recording of a child to be admitted as evidence?

The child must be at least 14 years old and sworn before cross-examination. Signup and view all the answers

What role does witness credibility play in determining competence?

It influences the weight of the evidence but not the competence itself Signup and view all the answers

Which of the following is required of a competent witness during the trial?

The witness must be able to understand questions from both sides of the case Signup and view all the answers

How does the law view a witness's recollection of an event concerning their competence?

A witness with no recollection can still be competent Signup and view all the answers

What does Section 53 require in regards to deciding a witness's competence?

The making of a judgment on statutory criteria Signup and view all the answers

What is not a requirement for a witness to give competent evidence according to the content?

Being able to articulate answers before entering the courtroom Signup and view all the answers

What effect does the unsworn testimony of a competent witness have on a conviction in criminal proceedings?

It does not render the conviction unsafe solely due to the witness's unsworn status. Signup and view all the answers

What criteria must be met for a magistrate to issue a witness summons under the MCA 1980?

It must be in the interests of justice, and the witness can provide material evidence. Signup and view all the answers

In which situations can a magistrate issue a warrant for a witness who fails to attend court?

If the witness can provide material evidence and has been duly summoned. Signup and view all the answers

Which of the following statements correctly reflects the rules regarding a witness under 14 years old giving unsworn evidence?

Their unsworn evidence cannot be the sole basis for unsafe conviction claims. Signup and view all the answers

Which of the following best describes a just excuse for a witness failing to attend court?

The witness was hospitalized due to an emergency. Signup and view all the answers

What role does a justices' clerk have regarding issuing witness summons?

They can only issue summons, not warrants. Signup and view all the answers

What is the implication of a witness being served with a summons under s. 97(1)?

The witness is required to attend unless a valid excuse is provided. Signup and view all the answers

Which is NOT a requirement for issuing an arrest warrant for a failing witness?

The witness has a history of noncompliance with summons. Signup and view all the answers

Which factor determines a witness's competence to testify?

Their ability to understand questions and provide understandable answers Signup and view all the answers

Under what circumstance can a person charged in criminal proceedings testify for the prosecution?

There are no circumstances that allow this Signup and view all the answers

Which of the following is an exception to the general rule that all competent witnesses are compellable?

Accused persons in their own defense Signup and view all the answers

What is the status of a spouse’s compellability to testify in criminal proceedings?

Compellable only in specific circumstances Signup and view all the answers

Which of the following individuals is exempt from being compelled to testify due to their status?

A diplomat from another country Signup and view all the answers

What is the primary legal requirement for someone to be compellable as a witness?

They must be a competent witness Signup and view all the answers

Which party cannot compel a co-accused to testify?

The defense of the co-accused Signup and view all the answers

Under the rules of competence, which group of individuals might be deemed incompetent?

Children and individuals with mental disabilities Signup and view all the answers

Study Notes

Competence and Compellability of Witnesses

Witnesses are considered competent if they can understand questions and provide understandable answers.
Individuals can be compelled to testify if they are deemed competent.
Exceptions exist for competency: individuals who cannot understand questions or are charged in criminal proceedings cannot serve as prosecution witnesses.

General Rules of Competence

All persons are competent to give evidence, regardless of age, under the Youth Justice and Criminal Evidence Act 1999 (YJCEA).
Children and individuals with mental disorders may be deemed incompetent if unable to comprehend the questions or provide understandable answers.
The accused in a criminal trial is generally not competent to testify for the prosecution.

General Rules of Compellability

All competent witnesses are typically compellable, but exceptions apply.
The accused cannot be compelled to testify in their defense or against a co-accused.
Spouses or civil partners of the accused are generally not compellable in most offenses.
Sovereigns and diplomats are exempt from being compelled to testify.
Certain professionals like bankers may also have compellability exceptions.

Sworn Evidence Requirements

Witnesses must be 14 years of age or older to be sworn and must appreciate the significance of their testimony.
Competency to provide intelligible testimony implies a presumption of sufficient appreciation of the oath's solemnity.
If contested, the burden is on the party seeking to swear the witness to prove their eligibility.

Rules and Exceptions to Oath Taking

All witnesses must take an oath or affirm unless specified by legislation.
Unsowrn evidence is acceptable if the witness cannot be sworn; they cannot be cross-examined unless their document's identity is disputed.
Witnesses under 14 can provide unsworn evidence, which does not invalidate any resulting conviction.

Witness Summons

Witnesses may be summoned to ensure their attendance at court for criminal proceedings.
Police are typically responsible for ensuring prosecution witnesses appear, while defense solicitors do the same for defense witnesses.
Summons can be issued by handing them to individuals or sending them to expected addresses.
Failure to comply with a witness summons results in contempt of court; individuals may face penalties.

Consequences of Failing to Attend

Noncompliance with a summons without just cause constitutes contempt of court, which can result in punitive action.
A verdict remains valid even if a competent witness provides unsworn evidence, as long as the witness's competency is established.

Magistrates' Powers on Witness Summons

Magistrates can issue summons to secure material evidence; this power extends to justices' clerks.
An arrest warrant can be issued for failure to attend, provided the witness is likely to provide important evidence and has been properly summoned and compensated.

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Description

This quiz explores evidential issues concerning witnesses in a legal context. It covers topics such as competence, compellability, and the roles witnesses play in court proceedings. Test your understanding of these crucial concepts in law.