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Giving Evidence in Court

Giving Evidence in Court. Aileen Gordon Senior Procurator Fiscal Depute Crown Office and Procurator Fiscal Service. AIM. To give participants some insight as to how to prepare for court and what to expect when they get there. Learning Outcomes [. By the end of the course participants will:

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Giving Evidence in Court

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  1. Giving Evidence in Court Aileen Gordon Senior Procurator Fiscal Depute Crown Office and Procurator Fiscal Service

  2. AIM • To give participants some insight as to how to prepare for court and what to expect when they get there

  3. Learning Outcomes[ • By the end of the course participants will: • Have a better understanding of the criminal court system • Be able to prepare effectively to appear in court • Know more about the process of giving evidence

  4. Format • Criminal Courts • Fatal Accident Inquiries • The role of the fiscal • The role of the defence • Preparing for court • Giving evidence • Mock trial

  5. THE CRIMINAL COURTS IN SCOTLAND

  6. SUMMARY SOLEMN High Court Sheriff and Jury Sheriff JP

  7. THE CROWN OFFICE AND PROCURATOR FISCAL SERVICE (COPFS)

  8. The Role of COPFS • Investigation and Prosecution of Crime • Investigation of Sudden or Suspicious Deaths • Investigation of Complaints Against the Police

  9. Criminal Cases • Evidential Issues • Burden/standard of Proof • Specific issues • Age, vulnerability • Lack of Corroboration • Circumstantial Evidence • Forensic Evidence

  10. Forensic Evidence • May be positive/negative/neutral • Obligations of Disclosure • Failure disclose fatal to conviction • Significance of forensics? • Munro v HMA (HC Appeal XC271/09) • JM v HMA [2012] HCJAC 52

  11. The Role of the Fiscal • To present the facts (‘The Crown Case’) in a fair and objective manner • To assist the court in delivery of a just verdict/ruling/sentence in the case

  12. The Role of the Defence • To test/challenge the Crown case • To put forward any defence (if so instructed) • To protect the interests of their client and ensure the have a fair trial

  13. FATAL ACCIDENTS AND SUDDEN DEATHS INQUIRY (SCOTLAND) ACT 1976

  14. Fatal Accident Inquiries • Mandatory or Discretionary • Mandatory – deaths in custody/accidents at work • Sheriff Court • Civil Procedure • Interested Parties represented • Determination of Sheriff

  15. Preparing for Court • Do prepare! • Submit/read your report • Refresh your memory • Access to statement • Do not speak to other witnesses • Let PF know of any difficulties

  16. Giving Evidence • Stay calm • Take a deep breath • Remain professional • Answer the questions asked • Don’t ‘answer back’ • Do ask for clarification if needed • Refer to Productions eg Report

  17. Defence Tactics • Challenge qualification/experience • Challenge your professionalism • Challenge your procedures • Challenge your memory • Challenge your credibility

  18. Objections • How to react • Stop speaking • Wait for Guidance • Being sent out of room • What happens next?

  19. Other issues • Multiple accused • Re-examination • Questions from Judge • Stand bys • Last minute problems

  20. Final Thought Don’t worry about it You are not the one on trial!!

  21. PRACTICAL EXERCISE: MOCK TRIAL

  22. AIM • To give participants some insight as to how to prepare for court and what to expect when they get there

  23. Learning Outcomes[ • By the end of the course participants will: • Have a better understanding of the criminal court system • Be able to prepare effectively to appear in court • Know more about the process of giving evidence

  24. Any Questions?

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