Can a defendant cross-examine a witness UK?
In trials involving only one defendant, the order is as follows: After a prosectution witness has given evidence-in-chief, the defence advocate will cross-examine the witness. After a defendant or a defence witness has given evidence-in-chief, the prosecution will cross-examine the witness.
Is cross-examination leading?
A type of questioning in that the form of the question suggests the answer. In general, leading questions are not allowed during the direct examination of a witness, however, they are allowed on the cross-examination of a witness.
Can witnesses be cross-examined?
During a cross-examination, the opposing party questions the witness. Generally, a witness is initially questioned by the party that called them to the stand on direct examination. Afterwards, the opposing party has the opportunity to question the witness on cross-examination, often using targeted or leading questions.
How do you discredit witnesses cross-examination?
So, again, the way to discredit a witness is to bring up prior inconsistent statements that they made. The way to discredit a witness is to call other witness or cross-examine other witnesses and bring up key points about your main witness’s testimony and impeach them through over witness statements.
How do you cross-examine witnesses in criminal case?
The general rule is to compel the witness to say yes or no after every question. Example: “Is true to say that you were present at the house of X during the murder?” to this question, the witness either answers yes or no. The ability to use a leading question enables the cross-examiner to control the witness.
Can leading questions be asked in cross-examination?
Leading questions cannot be asked in examination-in-chief, cross-examination, or re-examination only if objected by the other party. Such questions may be asked if the other party does not object.
Why is leading allowed in cross-examination?
Leading questions are also allowed during a cross-examination when an attorney is questioning the other party’s witnesses. This is because one of the purposes of cross-examination is to test the credibility of statements that a witness made on direct examination.
Can accused be cross-examined?
“The statement of the accused made under Section 313 CrPC can be taken into consideration to appreciate the truthfulness or otherwise of the prosecution case. However, as such a statement is not recorded after administration of oath and the accused cannot be cross-examined.
What makes a witness unreliable UK?
These included: Whether the witness was evasive of gave augmentative answers. Whether the witness gave tangential speeches avoiding the question. A tendency to blame legal advisers for problems in the case.
What is a leading question in cross-examination?
Leading questions have been described in Section 141 of the Act as- any question that suggests the answer which the person questioning expects to receive. One party must object if the other party asks a leading question to the witness.
How do you cross-examination in criminal cases?