Evidence-
Trial process-
Prosecution opens its case - setting out how they intent to prove the charges
o Usually make an opening speech
Prosecution give witness evidence – or exhibits such as CCTV
Where appropriate – Defence makes a submission of no case to answer
o argue that the prosecution has failed to present sufficient evidence to
the court to raise a prima facie case
Defendant and any witness give evidence
In Magi Court – Both sides make a closing speech
o In Crown Court – prosecution make a closing speech
In Crown Court - The judge will sum up to the jury the facts and make the appropriate
directions on the law
Jury or Magistrates consider the verdict and make a decision as to guilt
--
Competence and compellability of a witness-
If a witness is allowed – competence and- if they can be forced – compellability
S53 Youth Justice and Criminal Evidence Act 1999 (‘YJCEA’)
s1 Criminal Evidence Act 1898 (‘CEA 1898’)
s80 Police and Criminal Evidence Act (‘PACE’)
s53(3) YJCEA - a person is not competent to give evidence in criminal proceedings if
it appears to the court that he is not a person who is able to:
(a) understand questions put to him as a witness;
(b) and give answers to them which can be understood.
-
Ordinary witness-
General rule:
S53(1) ordinary persons called a witness are competent to give evidence for which ever party
calls them if they satisfy the definition under s53(3)
All competent witnesses are compellable
Ordinary witness is a witness other than
The def
The def’s spouse/ CP
Defendant-
, The def is not competent or compellable for the prosecution while on trial – s53(4) YJCEA
Def is competent to testify in his own defence – s1 CEA 1898
He is not compellable. Nor will he be in contempt of court.
o However, the jury may draw adverse inferences from the fact that the
defendant does not give evidence at his trial, under s. 35 Criminal
Justice and Public Order Act 1994.
-
The defendants spouse/ CP-
For the prosecution-
S53(1) YJCEA- defs spouse / CP is competent
S80(2A)(b) PACE - Only compellable as a witness for the prosecution if the offence is
one of the specified offences under s.80(3).
s.80(3) states that an offence is specified if:
o involves an assault, injury or threat of injury to the spouse or civil
partner or to a child under 16; or
o the offence is a sexual offence on a person under 16; or
o the offence consists of conspiring, attempting, aiding or abettingeither
of the above offences. - incohates
For the defendant-
s. 80(2) PACE
Unless jointly charged with the defendant, the defendant’s spouse or civil
partner is competent and compellable to give evidence for that defendant
For the co-defendant-
S80(2A)(a) PACE – a spouse / CP is only compellable for a co-def if the offence is a
specified one under s 80(3)
-
The co-defendant-
For the prosecution-
S 53(4) YJCEA - No co-defendant is competent (or compellable) as a witness for the
prosecution
For the defence-
They will be competent for the defence - only if they chose to give evidence
Not compellable – s 1 CEA ‘98
-
Trial process-
Prosecution opens its case - setting out how they intent to prove the charges
o Usually make an opening speech
Prosecution give witness evidence – or exhibits such as CCTV
Where appropriate – Defence makes a submission of no case to answer
o argue that the prosecution has failed to present sufficient evidence to
the court to raise a prima facie case
Defendant and any witness give evidence
In Magi Court – Both sides make a closing speech
o In Crown Court – prosecution make a closing speech
In Crown Court - The judge will sum up to the jury the facts and make the appropriate
directions on the law
Jury or Magistrates consider the verdict and make a decision as to guilt
--
Competence and compellability of a witness-
If a witness is allowed – competence and- if they can be forced – compellability
S53 Youth Justice and Criminal Evidence Act 1999 (‘YJCEA’)
s1 Criminal Evidence Act 1898 (‘CEA 1898’)
s80 Police and Criminal Evidence Act (‘PACE’)
s53(3) YJCEA - a person is not competent to give evidence in criminal proceedings if
it appears to the court that he is not a person who is able to:
(a) understand questions put to him as a witness;
(b) and give answers to them which can be understood.
-
Ordinary witness-
General rule:
S53(1) ordinary persons called a witness are competent to give evidence for which ever party
calls them if they satisfy the definition under s53(3)
All competent witnesses are compellable
Ordinary witness is a witness other than
The def
The def’s spouse/ CP
Defendant-
, The def is not competent or compellable for the prosecution while on trial – s53(4) YJCEA
Def is competent to testify in his own defence – s1 CEA 1898
He is not compellable. Nor will he be in contempt of court.
o However, the jury may draw adverse inferences from the fact that the
defendant does not give evidence at his trial, under s. 35 Criminal
Justice and Public Order Act 1994.
-
The defendants spouse/ CP-
For the prosecution-
S53(1) YJCEA- defs spouse / CP is competent
S80(2A)(b) PACE - Only compellable as a witness for the prosecution if the offence is
one of the specified offences under s.80(3).
s.80(3) states that an offence is specified if:
o involves an assault, injury or threat of injury to the spouse or civil
partner or to a child under 16; or
o the offence is a sexual offence on a person under 16; or
o the offence consists of conspiring, attempting, aiding or abettingeither
of the above offences. - incohates
For the defendant-
s. 80(2) PACE
Unless jointly charged with the defendant, the defendant’s spouse or civil
partner is competent and compellable to give evidence for that defendant
For the co-defendant-
S80(2A)(a) PACE – a spouse / CP is only compellable for a co-def if the offence is a
specified one under s 80(3)
-
The co-defendant-
For the prosecution-
S 53(4) YJCEA - No co-defendant is competent (or compellable) as a witness for the
prosecution
For the defence-
They will be competent for the defence - only if they chose to give evidence
Not compellable – s 1 CEA ‘98
-
