Trial procedure in magistrates' court and Crown Court - Competence and compellability of witnesses

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Overview

Understanding the principles of witness competence and compellability is vital for legal professionals handling trial procedures in magistrates' and Crown Courts. These concepts are central to evidence admissibility and the fairness of legal proceedings, making them important topics for the SQE1 FLK2 exam. This article delves into witness competence and compellability, their application in different court settings, and their influence on trial outcomes.

Witness Competence: Legal Framework and Applications

Witness competence involves a person’s legal capacity to give evidence in court. The primary principle, rooted in common law and codified in the Youth Justice and Criminal Evidence Act 1999 (YJCEA), presumes all individuals are competent to testify unless shown otherwise.

Statutory Provisions

Section 53(1) of the YJCEA states that a person is not competent to testify if they cannot:

  1. Comprehend questions posed to them, and
  2. Provide understandable responses

This standard applies to all witnesses, regardless of age or mental capability.

Competence Assessment

Assessing witness competence includes several factors:

  1. Intellectual Capacity: The court assesses the ability of the witness to understand questions and give coherent answers.

  2. Age Considerations: No minimum age for competence exists, but very young children may face challenges. In R v Barker [2010] EWCA Crim 4, the focus was on the child's ability to understand questions and provide intelligible answers, rather than age.

  3. Mental Health and Cognitive Impairments: Mental health issues or cognitive impairments do not automatically render a witness incompetent. Each case is individually assessed.

  4. Expert Evidence: In complex situations, expert testimony may be used to determine competence, as seen in R v Sed [2004] EWCA Crim 1294.

Special Measures

To assist vulnerable witnesses, courts can implement special measures under the YJCEA, such as:

  • Screens
  • Live link testimony
  • Private evidence sessions
  • Removing wigs and gowns
  • Video-recorded evidence-in-chief
  • Intermediaries for communication help

These measures can greatly improve a witness's ability to provide competent testimony, as shown in R v Lubemba [2014] EWCA Crim 2064.

Witness Compellability: Legal Obligations and Exceptions

Compellability refers to the requirement for a competent witness to testify if summoned. Although most competent witnesses must do so, there are noteworthy exceptions.

General Principle

The rule in English law is that all competent witnesses are compellable, ensuring the court has access to all relevant evidence necessary for justice.

Key Exceptions

  1. The Accused: Defendants cannot be forced to testify in their own trial, a principle enshrined in the Criminal Evidence Act 1898.

  2. Spousal Privilege: According to Section 80 of the Police and Criminal Evidence Act 1984 (PACE), the spouse or civil partner of the accused isn't compellable for the prosecution, except in cases of assault, injury, or sexual offences against children under 16.

  3. Diplomatic Immunity: Diplomats and their families are exempt from compellability under the Diplomatic Privileges Act 1964.

  4. Sovereign Immunity: The monarch cannot be compelled to testify.

Compellability in Practice

Applying compellability rules can be intricate, especially in cases with multiple defendants or where testimony might be self-incriminating. In R v Becouarn [2005] UKHL 55, the House of Lords clarified that a co-defendant could testify for the prosecution against another defendant, even when their evidence might incriminate themselves.

Trial Procedures: Magistrates' Court vs. Crown Court

The principles of competence and compellability differ slightly between magistrates' courts and the Crown Court, reflecting their distinct nature and jurisdiction.

Magistrates' Court Procedures

  1. Witness Competence Assessment: Magistrates handle witness competence as a preliminary matter, often less formal than in the Crown Court.

  2. Unsworn Evidence: Under Section 55 of the YJCEA, children under 14 and adults who don't understand the nature of an oath may offer unsworn testimony.

  3. Special Measures: While available, options may be limited by practical constraints.

Crown Court Procedures

  1. Formal Competence Hearings: The Crown Court typically conducts formal competence hearings, especially for child witnesses or those with cognitive impairments.

  2. Jury Considerations: The judge decides competence as a legal matter, while the jury evaluates the credibility and reliability of the testimony.

  3. Expanded Special Measures: The Crown Court has broader special measures and facilities to implement them.

  4. Complex Cases: The Crown Court is better equipped to tackle complex competence and compellability issues in trials with multiple defendants or sensitive matters.

Practical Applications and Case Studies

Case Study 1: Child Witness in a Sexual Abuse Trial

In a Crown Court trial for historical sexual abuse, a key witness is now 12, but was 6 during the alleged events. The defence raises the issue of the witness's competence.

Key Points:

  • Evaluate the child's current ability to comprehend questions and provide coherent answers
  • Implement special measures for competent testimony
  • Guide the jury on how to handle evidence from a young witness

Case Study 2: Spousal Testimony in Domestic Violence Case

A defendant is accused of assaulting his wife. The prosecution seeks to have the wife testify.

Key Points:

  • Spousal privilege is inapplicable due to the nature of the offence
  • Consider any intimidation or coercion affecting the wife's testimony
  • Use special measures for witness protection

Conclusion

A thorough knowledge of witness competence and compellability greatly aids in exam success and effective legal practice. These principles affect trial procedures, evidence admissibility, and the fairness of proceedings. Understanding their nuances in different court environments and through practical case studies helps aspiring legal professionals develop necessary skills to handle courtroom challenges and uphold justice.

Important considerations include:

  1. Witness competence is assumed unless proven otherwise, based on comprehension and ability to provide clear responses.
  2. Special measures aid vulnerable witnesses in giving testimony.
  3. Most competent witnesses must testify, with exceptions such as the accused and, occasionally, spouses.
  4. Application of these principles changes between magistrates' and Crown Courts.
  5. Practical application requires careful thought regarding individual circumstances and legal complexities.