Deck 5: Witnesses III: Examination and Cross-Examination

Question 1

Counsel can ask witnesses absolutely anything. The questions must not be, ""merely scandalous or intended or calculated only to vilify, insult or annoy...a witness"" as a rule of common law and under the Bar Code of Conduct.

Answer 1

False

Question 2

Which of the following are conditions for allowing a witness to refresh their memory whilst giving evidence? Section 139 of the C.J.A. 2003 governs the refreshing of witnesses' memories from documents. It states that it is generally permitted, subject to the two provisos.

A)If the witness indicates that the statement represents their recollection of events at the time they made it
B)The witness' recollection is likely to be significantly better at the time the statement was made or verified
C)All parties agree
D)The witness refuses to give evidence without help from the statement

Answer 2

A, B

Question 3

What is the correct order of questioning of a prosecution witness in a trial with 2 defendants?

A)Cross-examination by defence counsel for defendant 1
B)Re-examination
C)Cross-examination by defence counsel for defendant 2
D)Examination-in-chief

Answer 3

A, B, C, D

Question 4

Where a non-expert witness is deemed to be 'hostile', which of the following types of question may counsel ask in examination-in-chief? A non- expert may not give opinion evidence. All other questions are permissible but leading questions may only be asked after the judge has consented that the witness be deemed hostile.

A)The witness' opinion on a matter
B)Questions on the witness' age and profession
C)Leading questions
D)Non-leading questions

Question 5

Which of the following is NOT an exception to the rule that, in general, previous consistent statements are inadmissible? Section 120(3)-(7) C.J.A. 2003 governs the admissibility of previous consistent statements. There are also a few common law exceptions, of which a res gestae previous consistent statement is one.

A)Police interviews
B)Rebutting allegations of fabrication
C)A witness refreshing their memory from a document
D)Previous statements identifying a person, object or place
E)A previous consistent statement that was res gestae

Question 6

In examination-in-chief, which of these types of question is permitted? Leading on matters agreed with the other side as well as if a witness is hostile are the two main exceptions to the rule that only non-leading questions may be asked in examination-in-chief.

A)Leading questions in general
B)Leading questions on a matter agreed between the parties and leading questions if and when the witness is deemed 'hostile'
C)Putting suggestions to the witness and asking, ""that's right, isn't it?""
D)Leading questions solely on a matter agreed between the parties

Question 7

Which of the following is a leading question? The other answers are all open-ended whereas a leading question will always suggest an answer to the witness.

A)""Can you tell us where you were on the night in question?""
B)""What did you do then?""
C)""You hit him, didn't you?""
D)""Why?""

Question 8

If a side fails to cross-examine a witness, they are deemed to accept the other side's version of events. Therefore in all but the rarest of occasions, a side will cross-examine their opposition's witness(es)

Question 9

If the main purpose of adducing a complainant's sexual history is to impugn their credibility, a court should not admit the evidence or allow cross-examination upon it. Youth Justice and Criminal Evidence Act 1999, s.41 prohibits such evidence as it does not relate to a relevant issue in the case.

Question 10

A defendant's belief that the complainant was consenting falls under an 'issue of consent' for determining whether evidence of the complainant's sexual history can be admitted. Under s.42(1)(b) of the Youth Justice and Criminal Evidence Act 1999 (on the interpretation of s.41), 'issue of consent' means any issue surrounding whether the complainant in fact consented to the conduct constituting the offence with which the accused is charged (and accordingly does NOT include any issue as to the bel

Question 11

If a side fails to cross-examine a witness, they are deemed to accept the other side's version of events. Therefore in all but the rarest of occasions, a side will cross-examine their opposition's witness(es)

Question 12

A document used by a witness to refresh their memory is then always entered into evidence. Section 120 of the C.J.A. 2003 holds that it is NOT evidence unless the witness is cross-examined on the contents of the statement and consequently, those contents are received in evidence.

Question 13

A party must always re-examine their witness. A party has a discretion as to the conduct of all questioning. They don't even have to examine-in-chief.

Question 14

Which of the following are exceptions to the rule that a complainant's sexual history cannot be entered into evidence or cross-examined upon? Section 41 of the Youth Justice and Criminal Evidence Act 1999 sets out the exceptions where a court may give leave for evidence of a complainant's sexual history to be admitted or for them to be cross-examined upon it.

A)There are other witnesses corroborating the evidence about the complainant's sexual history
B)If the issue is one other than consent
C)The sexual behaviour forming the sexual history is at or about the same time as when the offence allegedly occurred- such that the similarity cannot reasonably be explained as a coincidence
D)To rebut the Prosecution's evidence about the complainant's sexual history