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Tom, Doris, Noel and John - Essay Example

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Law IN THE MATTER OF: Tom, Doris, Noel And John OPINION ON BEHALF OF Mr. Noel, Tom, and Doris Evidence by vulnerable witness In reference to the criminal act procedure Act 1886, the provision for the use of a child as witness falls under the provision of evidence by vulnerable people…
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Tom, Doris, Noel and John
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Download file to see previous pages A child is not competent to give sworn evidence, but capable of giving evidence that is unsworn, if the court has a satisfaction that the child knows the difference between truth and lies, the court briefs the child on the importance of telling the truth, the child responded appropriately that he/ she will not tell lies in the proceedings. It also dictates that this process should be done through asking straightforward questions in things such as their age, name schooling and favorable past times among others. Therefore, if all these turn positive then the court can call the child as a witness2. In reference to the above mentioned procedures, the court in this case may call tom in as a witness if he passes the competence test a responded positively to question of giving the truth. However, the court cannot call Tom as a witness if he does not show positivity to the mentioned procedures. Hear say witness A witness is who has seen, has a claim, of by someone in authority thinks of a person, to have knowledge that the court might find relevant to a case. The information given may either be willingly or under compulsion. A hear say witness is one who testifies on account of what someone else says3. There are many limitations in most court proceedings on whether the information given by a hearsay witness is admissible. There are a number of governing principles towards admissibility of a hearsay witness. This depends on the part that delivered the information to the hearsay witness. If the eye witness cannot clearly recall the happening at the crime scene, and had mentioned them to another person immediately after the occurrence, and the other party can clearly recall what was mentioned then a hearsay witness can facilitate the case4. In reference to the case, Tom’s mother can testify if tom is unable to give the correct chronology of occurrences. This is possible because tom is a child and can easily forget what he had seen, though he was present at the crime scene. However, if Tom will be capable of giving the correct information, then his mother will not be required to give her testimony based on what her son told her. Compelling a witness After a law suit is filed, a witness that refuses to appear before the court can be forced to come. This is known as compelling. The person has to the first object to the request of appearing before the court. If this happens, the judge writes a subpoena to the witness. This happens in cases that the testimony of the victim is highly crucial. If there is an order compelling someone to court, and he or she defies it, the court has the power to appropriately assign punishment to the person. One of the most thing that the court does is making the side the side of the witness lose the case. In reference to law, the court has the authority to summon Anna. Failure to adhere to the subpoena, Anna will receive the lawful assigned punishment. Most probably, she will have to risk her husband going to jail because she is the only one able to justify his claims about his location referring to the accusation time5. Expert evidence The law provides for the intervention of expert analysis. Experts and those instructing them must have regards, to guidance provisions in the protocols for instructions of experts in giving evidence. First, the expert assists the court in creating objectives and unbiased opinions and must not assume the role of the advocate. Experts must consider all materials facts including those which might be ...Download file to see next pagesRead More
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