ABSTRACT
Questioning of witnesses during the trial process is carried out in three stages: examination in chief, cross-examination and re-examination. Some rules of evidence are relevant purely at the examination in chief stage; others apply only in cross-examination. Examination in chief Refreshing the memory from documents (ss139 and 120 CJA 2003):
statement made by witness whilst events fresh in mind;
witness does not remember matters referred to and could not reasonably be expected to do so.
Previous consistent statements inadmissible except:s120 CJA 2003: Recent complaints by victims of crime;
rebutting suggestions of recent fabrication;
res gestae/previous identification;
statement in response to accusation.
Unfavourable and hostile witnesses:s3 Criminal Procedure Act 1865.
Cross-examination Previous inconsistent statements:ss 4 and 5 Criminal Procedure Act 1865.
Cross-examination of police officers on conduct in other cases:s100(1)(a) CJA 2003.
Finality rule on collateral questions:s6 Criminal Procedure Act 1865;
bias;
medical evidence of disability.
Sexual offences:SS41–43 YJCEA 1999.
