Crim Unit 9 - Witness Evidence

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Questions and Answers

Under what circumstances is a party allowed to introduce evidence of previous statements made by their own witness?

When the witness has a history of making inconsistent statements.
When the previous statements are consistent with the witness's current testimony.
Never. A party is generally prohibited from impeaching their own witness.
When the witness's credibility has been challenged by the opposing party. (correct)

What is the primary criterion for a judge to deem a witness hostile, according to the text?

The witness has given evidence that conflicts with previous written statements.
The witness has demonstrated poor character in the courtroom, based on their demeanor.
The witness has indicated an unwillingness to assist the party calling them. (correct)
The witness has been convicted of a crime in the past.

What is the purpose of 'contradicting' a hostile witness, according to the text?

To provide the jury with a more complete picture of the events in question.
To force the hostile witness to admit to inconsistencies in their testimony.
To introduce evidence that contradicts what the hostile witness has stated. (correct)
To discredit the witness by providing evidence of past criminal convictions.

Which of the following is NOT a factor a judge considers when assessing whether a witness is hostile?

The witness's ability to recall events accurately. (B) Signup and view all the answers

What is the primary difference between an 'unfavorable' witness and a 'hostile' witness?

An unfavorable witness provides evidence that might hurt the party who called them, while a hostile witness actively opposes the party who called them. (D) Signup and view all the answers

What is the significance of the case of Hengari-Ajufo [2016] EWCA Crim 1913, according to the text?

It upheld the judge's discretion in determining whether a witness is hostile, regardless of previous inconsistent evidence. (D) Signup and view all the answers

Which of the following best describes the common-law rule regarding impeaching a witness's credit?

A party cannot impeach a witness's credit by providing general evidence of bad character, but can do so by contradicting their testimony or proving inconsistencies in their statement. (C) Signup and view all the answers

What does Section 3 of the Criminal Procedure Act 1865 (Denman's Act) primarily address?

The procedures for determining whether a witness is hostile and how to handle such a situation. (B) Signup and view all the answers

What is the significance of the Price v Manning (1889) 42 Ch D 372 case, according to the text?

It affirmed that a judge has absolute discretion in determining whether a witness is hostile, even if the witness appears hostile to the jury. (B) Signup and view all the answers

Under the PACE 1984, s. 80, who is generally compellable to give evidence for the prosecution in criminal proceedings?

A person who is the spouse or civil partner of the accused, but not also charged in the proceedings (B) Signup and view all the answers

According to the YJCEA 1999, ss. 53 to 56 who is generally competent to give evidence in criminal proceedings?

Individuals who can understand the questions put to them and provide understandable answers (D) Signup and view all the answers

What is the status of a spouse or civil partner's competence in giving evidence for the accused?

They are both competent and compellable unless they are also charged in the proceedings (C) Signup and view all the answers

In the case of MacPherson (2005), what was established regarding a witness's competence?

A witness is considered competent even if they have no recollection of the event (D) Signup and view all the answers

According to Barker (2010), what is the key factor in determining a witness's competence under section 53 of the YJCEA 1999?

Their ability to understand questions and give understandable answers in the specific trial (B) Signup and view all the answers

Which of the following propositions is NOT directly derived from Barker (2010) regarding section 53 of the YJCEA 1999?

A witness's competence must be assessed based on their age and mental state (A) Signup and view all the answers

The text mentions that s. 80 of the PACE 1984 refers to 'spouse' and 'civil partner.' What specific implication does this have?

It only applies to legal marriages and civil partnerships recognized in England (B) Signup and view all the answers

What is the primary difference between 'competence' and 'compellability' in the context of giving evidence in criminal proceedings?

Competence is related to a witness's understanding and ability to give answers, while compellability is related to whether the witness can be legally forced to give evidence (D) Signup and view all the answers

According to the Youth Justice and Criminal Evidence Act 1999 (YJCEA 1999), who is not competent to give evidence in criminal proceedings?

A person who is charged with an offense in the proceedings. (C) Signup and view all the answers

In the context of a criminal prosecution, which of the following is a valid reason for a person to be considered a competent witness?

The person is able to understand questions put to them. (A) Signup and view all the answers

What is the status of an accused person regarding their ability to testify in their own defense?

An accused person is competent to testify in their own defense, but not compellable. (B) Signup and view all the answers

Which of the following exceptions to the general rule of witness compellability is NOT mentioned in the provided excerpt?

A person who pleads guilty to a crime in the proceedings. (C) Signup and view all the answers

In the case of McEwan [2011] EWCA Crim 1026, what was the key ruling regarding an accused person pleading guilty?

An accused person who pleads guilty is competent for the prosecution, except if the plea is later set aside. (B) Signup and view all the answers

Which of the following statements about the compellability of a witness is TRUE?

All persons competent to give evidence are automatically compellable. (C) Signup and view all the answers

What does the phrase "competent to give evidence" generally imply for a witness in criminal proceedings?

The witness is able to understand and respond to questions. (D) Signup and view all the answers

Which of the following is a reason for the 'exception' to the general rule of compellability?

The witness is the accused person. (C) Signup and view all the answers

Under what circumstances can a witness be screened from the accused?

When the witness expresses fear of the accused and requests to be screened. (C) Signup and view all the answers

What provision allows for video recording of cross-examination and re-examination?

YJCEA 1999, s. 28 (C) Signup and view all the answers

Which of these is NOT a statutory special measure?

Pre-trial depositions of children or young persons (B) Signup and view all the answers

In the context of the YJCEA 1999, what does 'live link' refer to?

A remote connection allowing a witness to give evidence from a different location. (C) Signup and view all the answers

What is the main purpose of an investigation anonymity order?

To safeguard a witness from intimidation and harassment during the investigation. (D) Signup and view all the answers

What does the YJCEA 1999, s. 46 allow for in the context of witness protection?

Limiting reporting of details that could identify a witness. (C) Signup and view all the answers

What does the YJCEA 1999, s. 36 specifically state regarding cross-examination?

The accused may be barred from directly cross-examining certain adult witnesses. (B) Signup and view all the answers

Which provision allows for giving evidence in private?

MSA 2015, s. 46(3) (A), YJCEA 1999, s. 25 (C) Signup and view all the answers

According to the provided content, what is the purpose of cross-examination?

To ensure that all parties involved in the case have a chance to challenge the evidence presented. (B) Signup and view all the answers

Which of the following is NOT a valid reason for a witness's previous statement to be admissible as evidence even if they cannot remember the details of the statement?

The previous statement is deemed consistent with other evidence presented in the case. (B) Signup and view all the answers

How is the right to cross-examine a co-accused handled in the Magistrates' Court?

Any party in the proceedings has the right to cross-examine the co-accused. (B) Signup and view all the answers

Based on the text provided, which of the following cases illustrates a scenario where a defendant could cross-examine a co-defendant who has given evidence favorable to themselves?

None of the provided cases illustrate this specific scenario (B) Signup and view all the answers

What is the main rule regarding an accused's right to cross-examine prosecution witnesses?

An accused has the right to cross-examine witnesses in person when they are called by the prosecution. (A) Signup and view all the answers

Which of the following is NOT a valid reason for a witness's previous statement to be considered a previous inconsistent statement?

The witness's previous statement is deemed inconsistent with current evidence presented in the case. (D) Signup and view all the answers

Which of the following is the primary rule regarding cross-examination in the Crown Court?

Both prosecution and defense witnesses can be cross-examined by any co-accused in the order their names appear on the indictment. (B) Signup and view all the answers

If a witness claims they cannot remember the events in a previous statement, what must the prosecution prove to use that statement against the witness?

That the witness is intentionally withholding information and is able to remember the events. (A) Signup and view all the answers

Flashcards

Competence to give evidence

All persons are competent to give evidence in criminal proceedings, regardless of age.

Exclusions from competence

A person is not competent to give evidence if they cannot understand or communicate effectively.

Accused as witness for prosecution

A person charged is not competent to give evidence for the prosecution, even if more than one is charged.

Accused's guilty plea effect

An accused who pleads guilty may testify for the prosecution if allowed, unless the plea is revoked.