Witnesses

Witnesses guidance:

There are two kinds of burden: • the legal burden, and • the evidential burden The legal burden A party has the legal (sometimes called ‘the persuasive’) burden where the...

Practice Note

Competency—general rule The most common way for evidence to be adduced is through the testimony of a witness. A witness is said to be competent if he can, as a matter of...

Practice Note

The Criminal Procedure and Investigations Act 1996 (CPIA 1996) sets out the disclosure duties of both the prosecution and the defendant in criminal proceedings. For...

Practice Note

A party may only rely on an expert to give evidence on an issue that is beyond the knowledge of the judge or jury. A person may only hold themselves out as an expert if...

Practice Note

What inferences can be drawn from failure to testify? Inferences can be drawn where a defendant: • having been sworn refuses without good cause to answer a particular...

Practice Note

Part 19 of the Criminal Procedure Rules 2015, SI 2015/1490 (CrimPR) sets out the requirements for introducing expert evidence in criminal proceedings. The CrimPR should...

Practice Note

The Youth Justice and Criminal Evidence Act 1999 (YJCEA 1999) (as amended by the Coroners and Justice Act 2009 (CJA 2009)) contain a series of measures that the court can...

Practice Note

The accused's eligibility for special measures Under the Youth Justice and Criminal Evidence Act 1999 (YJCEA 1999) the court can order a range of measures to assist...

Practice Note

Time limits Where a defendant appears before a magistrates’ court charged with an indictable-only offence and is sent for a Crown Court trial, the prosecution must: • no...

Practice Note

Victim personal statements—guidance Guidance on the making, form and use of a victim personal statement (VPS), sometimes referred to as a victim impact statement, is...

Practice Note

Preliminaries A number of common sense preliminary rules relating to the giving of evidence by witnesses are set out in the Criminal Procedure Rules 2015 (CrimPR), SI...

Practice Note