Chapter 8 Key facts checklists

Chapter 8 Key facts checklists

Issues in the course of trial

Suspect evidence

 The general rule is that one piece of evidence is sufficient to convict but there are statutory exceptions to this where there is a need for corroboration, eg s13 Perjury Act 1911.

 The common law obligatory requirement for corroboration warnings in the case of certain categories of witnesses such as children was repealed in the Criminal Justice and Public Order Act (CJPOA) 1994. The emphasis now in looking for supportive evidence is more on the strength or otherwise of the evidence rather than the intrinsic nature of the witness.

 There is a requirement for the judge to give a direction (a Turnbull direction) of the need for care in cases of disputed identification.

 In cases where lies (in or out of court) told by the accused are presented as suggestive of guilt, the judge should give a, ‘care warning’ (a Lucas direction).

 The judge has discretion to issue a care warning if there is reason to believe the witness might be unreliable.

 The Police and Criminal Evidence Act 1984 (PACE) Code D sets out the procedures for identification parades and for video identification.

Examination in chief

 The witness is allowed to refresh his memory from documents under ss120 and 139 Criminal Justice Act (CJA) 2003.

 Previous consistent statements are inadmissible unless there is a statutory or common law exception.

 Parties are not allowed to cross examine their own witnesses except with leave of the judge under s3 Criminal Procedure Act 1865 in cases where the witness changes their evidence from pre-trial.

Cross examination

 There are statutory limits on the questions that may be asked of complainants in cases involving sexual offences, see ss41–43 Youth Justice and Criminal Evidence Act (YJCEA) 1999.

 Previous inconsistent statements of the witness may be admissible under ss4 and 5 Criminal Procedure Act 1865.

 A witness’s answers to a collateral question should be treated as final. This rule of finality on collateral questions has a number of exceptions.

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