Chapter 7 Multiple Choice Questions

. The general rule is that leading questions should not be asked in examination-in-chief. However, there are exceptions. On which of the following matters will it be permissible to lead a witness? Please select all that apply.

On preliminary matters.

On what are known to be the essential issues in a case.

On matters not in dispute.

Where leave has been granted to treat the witness as 'hostile'.

. A witness giving oral evidence in criminal proceedings wishes to refresh his memory from a document. Which answer best describes the circumstances where this may be permitted in law?

Where the document has been made or verified contemporaneously with the events recorded.

Where the document has been made or verified at an earlier time and the witness testifies that: (a) the document records his recollection of the matter at that earlier time and (b) his recollection of the matter is likely to have been significantly better at that time than it is when he testifies.

Where the document has been made or verified contemporaneously with the events recorded or as soon as practicable thereafter.

Where the document has been made at an earlier time and the witness testifies that: (a) the document records his recollection of the matter at that earlier time and (b) his recollection of the matter is likely to have been significantly better at that time than it is when he testifies.

. A defence witness giving oral evidence in criminal proceedings refreshes his memory from a document. The prosecution inspects the document and cross-examines him on other matters contained in the document that the witness had not used to refresh his memory. Is the document evidence in the case?

The defendant may put the document in evidence as part of his case. Any statements contained in the document will be admissible as evidence of their truth provided they were the statements on which the prosecution cross-examined the witness.

The defendant may not put the document in evidence as part of his case. Cross-examination on other matters does not trigger admission of memory-refreshing documents following amendment of the rules by the Criminal Justice Act 2003.

The defendant may put the document in evidence as part of his case. However, any statements contained in the document will be evidence only of the consistency of the witness and go only to his credit.

The defendant may put the document in evidence as part of his case. Any statements contained in the document will be admissible as evidence of all matters stated, unless they are inadmissible hearsay. That is, they will be admissible as evidence of the truth and not just consistency.

. Sukhy witnessed a robbery. Immediately afterwards, when events were still fresh in his memory, he made a full statement to the police that provided a description of everything that he saw, including identification of the accused. He was referred to this document when giving evidence at the trial a year late, but said that he could not then remember the details of what happened and the document did not refresh his memory. That is, he had no recollection of the incident independent of the statement. However, he also stated that he had told the truth in the statement. Is Sukhy's full police statement admissible in evidence?

The full statement is potentially admissible under s. 120(4) and (6) of the Criminal Justice Act 2003.

The full statement is a previous consistent statement and, as at common law, remains inadmissible post-Criminal Justice Act 2003.

The full statement is potentially admissible under s. 120(4) and (5).

The full statement is potentially admissible under s. 120(3) of the Criminal Justice Act 2003.

. Which of the following should be included in a Turnbull direction to a jury? Please select all that apply.

The judge should warn the jury of the special need for caution before convicting the accused in reliance upon the correctness of identification evidence, drawing their attention to the possibilities of error.

The judge should invite the attention of the jury to examine closely the circumstances in which the identification was made.

The judge should remind the jury specifically of any weaknesses which have appeared in the identification evidence.

Where the accused puts forward an alibi, the jury may regard its falsity as supporting the identification, but should only do so if they think that the false alibi was put forward for the purpose of deceiving them, and not, for example, out of stupidity or panic.

. What, in law, is a 'hostile' witness?

An unfavourable witness who 'fails to come up to proof'.

A co-defendant who testifies in a way that is disadvantageous to the defendant by, for example, running a 'cut-throat' defence.

A dishonest, unco-operative or malicious witness who appears to want to sabotage the case of the party who has called him/her.

A witness who is reluctant to attend court to testify on behalf of a party and must be compelled to attend by a witness summons.

. By virtue of the Youth Justice and Criminal Evidence Act 1999, a special measures direction may be made providing for a defendant to give evidence by means of a live link. The practical effect of such a direction being made is to give the defendant the choice of either testifying in court or giving evidence by live link, without the need for further permission from the court.

True

False

. The video-recording of an 'Achieving Best Evidence' (ABE) Interview with a child witness may be admissible in evidence as the witness's examination in chief.

True

False

. Certain principles apply where it is proposed that the ABE interview transcripts are to be shown to the jury. Please select all that apply.

The judge will only permit the jury to be given the transcripts in exceptional circumstances.

At the time the transcripts are given to the jury, the judge must warn the jury to take care to examine the video as it is shown, so that they can observe the witness's demeanour and not focus on the written transcript.

Once the decision has been made that the jury should be permitted to examine the transcripts, in general, the transcripts should remain with the jury while they retire to consider their verdict and be collected thereafter.

Once the decision has been made that the jury should be permitted to examine the transcripts, in general, the transcripts should only be removed from the jury in exceptional circumstances, e.g. the defence requests it and there are 'very good reasons'.

. What is the legal position where there is a failure to comply with the Achieving Best Evidence in Criminal Proceedings: Guidance on Interviewing Victims and Witnesses, and Guidance on Using Special Measures (March 2011)?

Any evidence obtained as a result of any breaches of the guidance shall be inadmissible because following the guidance provided is of 'paramount importance'.

Any evidence obtained as a result of breaches of the guidance shall be inadmissible where the breaches are of a serious nature.

Any evidence obtained as a result of breaches of the guidance shall be inadmissible where that is in the interests of justice. That is, where a reasonable jury, properly directed, could not be sure that the witness gave a credible and accurate account in the video interview, the interview must be excluded.

Any evidence obtained as a result of breaches of the guidance may be inadmissible where that is in the interests of justice. That is, where a reasonable jury, properly directed, could not be sure that the witness gave a credible and accurate account in the video interview, the judge has a discretion to exclude the interview.

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