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#14724 - Evidence - Criminal Litigation

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Witness?
For Whom?
Competence?
Compellability?
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)
Co-Defendant
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)
Spouse of Defendant
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
A
Amount of time under observation?
D
Distance from the suspect and witness?
V
Visibility?
O
Obstructions in the way?
K
Known or seen before?
A
Any reason to remember the suspect?
T
Time between observation of suspect and identification?
E
Error or material discrepancy in subsequent/previous accounts?
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