LPC Law Notes > Criminal Litigation Notes
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Evidence Competence & Compellability of Witnesses Witness?
For Whom?
Ordinary Witness
Prosecution
Yes (s.53(1) YJCEA)
Yes
Defence
Yes (s.53(1) YJCEA)
Yes
Defendant
Prosecution
No (s.53(4) YJCEA)
No
Defence
Yes (s.1 CEA)
No, but adverse inferences may be made (s.35 CJPOA)
Prosecution
No (s.53(4) YJCEA)
No
Co-Defendant
Yes (s.1 CEA)
No (s.1(1) CEA)
Themselves
Yes (s.1 CEA)
No, but adverse inferences may be made (s.35 CJPOA)
Co-Defendant
Spouse of Defendant
Competence?
Compellability?
Prosecution
Yes (s.53(1) YJCEA)
Yes (s.80(2A)(b) PACE) - only if s.80(3) PACE applies
Defence (married to D)
Yes (s.53(1) YJCEA)
Yes (s.80(2) PACE) unless jointly charged with D (s.80(4) PACE)
Co-Defendant
Yes (s.53(1) YJCEA)
Yes (s.80(2A)(b) PACE) - only if s.80(3) PACE applies
Bad Character Evidence Identify Issue
* Violence, or dishonesty, sexual offences etc. Propsensity: Description
* Defendant has the propsensity to commit another offence of the same description (s.103(1) (a)). See s.103(4)(a) & (b) for description
* R v Hansen - similar offences can now be included
* Defendant has the propsensity to commit another offence of the same category (s.103(2)) Length of Time & Fairness
* s.103(3) time length means offences can be ignored
* s.101(3) - adverse effect on the fairness of proceedings - previous convictions not introduced Conclude
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