Competency of Witnesses: General Information, Types of Vulnerable Witnesses, Procedure for Applying for "Special Measures", Unrepresented Ds, Swearing of a Witness

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Main statute on this area of law?
YJCEA 1999
1 of 16
What is the starting-point?
s.53(1) (that prima facie everyone is competent)
2 of 16
Historically, how have vulnerabilities been dealt with?
Badly e.g. "corroboration warnings" (jury should excise particular caution when relying on evidence by certain witnesses)
3 of 16
Are corroboration warnings still required?
No: system is now discretionary (see s.32)
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What are the two categories of "vulnerable" witnesses?
Category 1 (age and incapacity - s.16), Category 2 (fear or distress - s.17)
5 of 16
Which provisions provide for the procedure to be applied regarding "special measures"?
S.19 (and s.21 for child witnesses)
6 of 16
Where is the "primary rule" set out in s.21?
s.21(3) (limitations are set out in s.21(4))
7 of 16
What happens if the "primary rule" doesn't apply?
"Secondary rule" is to be applied under s.21(4A) (limitations in s.21(4B))
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Where are special provisions for complainants aged over 18yo in sexual offence cases?
s.22A
9 of 16
What is s.32 about?
TJ's directions about "special measures" to the jury
10 of 16
When does a trial judge have to give their direction about special measures?
No specific requirement - but (as stated in Brown) more likely to have an impact if given at the point that witnesses give evidence.19
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Which provisions are all about an unrepresented D questioning the witness?
**.34-6
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What are the 2 policy reasons for this position adopted regarding unrepresented Ds?
Stop Ds subjecting accusers to humiliating + unnecessarily prolonged cross-examinations + greater safeguards for vulnerable witnesses
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What might D do if he is unrepresented?
D might nominate a representative (or court might do this)
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What does judge have to warn the jury against where D is prevented from questioning V under **.34-6?
Warn jury against drawing adverse inferences
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Which provisions govern the swearing in of a witness?
**.55-6
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Other cards in this set

Card 2

Front

What is the starting-point?

Back

s.53(1) (that prima facie everyone is competent)

Card 3

Front

Historically, how have vulnerabilities been dealt with?

Back

Preview of the front of card 3

Card 4

Front

Are corroboration warnings still required?

Back

Preview of the front of card 4

Card 5

Front

What are the two categories of "vulnerable" witnesses?

Back

Preview of the front of card 5
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