Absent Witnesses, Absent Minds & Absent Evidence - A Criminal Lawyer’s Guide

Introduction

The absent witness was at one time nearly always fatal to the Prosecution. The Criminal Justice Act of 2003 has seen a revolution in the way such difficulties are addressed. The res gestae exception to the hearsay rule has grown to become an invaluable tool in the Prosecutor’s armoury.

The absent witness is now far less likely to derail a Prosecution. The absence of the witness does not inevitably lead to the absence of evidence, particularly in cases of domestic abuse.

Equally, even when a witness does attend, they do not always recount that which is in their witness statement. Is the witness mute by malice or does the witness genuinely not remember? In the current climate of delays, giving evidence is becoming more of a test of memory than ever before. This virtual classroom seminar will examine how the absent-minded witness may be helped.

Finally, the most difficult witness is arguably the one who says nothing. Must we always treat them as hostile or are there other ways of getting their evidence before the court?

What You Will Learn

This live and interactive course will cover the following:

• The law in relation to res gestae, particularly in cases of domestic abuse
• Can the Court convict on hearsay evidence alone?
• What about cases where there is a witness statement, but no witness - what are the exceptions?
• The ‘interests of justice’ test under s. 114(1)(d) and when might the Court allow evidence under this heading
• The inconsistent witness and the forgetful witness - how might they be helped?
• And the silent witness - what is the law around hostility and how might such evidence still be adduced?

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.