KNEECAPS DOCUMENT – EVIDENCE
If you see… Then do…
If hostile on basis of written PIS Consider discussing “Refreshing Memory” and
manifestation of the rule in Browne v Dunn (ie “I
put it to you that…”)
When you see “writing”… Talk about documentary evidence.
If you have a description of something that This is a PIS.
happened in the past (ie a meeting, an email, a
phone call) that is revealing different information
to what the person is now testifying…
Everything in cross-examination Check that the rule in Browne v Dunn (puttage)
has been complied with. If not, be able to discuss
the consequences for breach of the rule.
Do the facts require the jury to make an inference Talk about circumstantial evidence.
about a certain fact? (eg because of X, Y must
When random third parties are called as Talk about:
witnesses and start saying stuff inconsistent with 1. Ask yourself “is this a collateral or main
various testimonies… fact in issue?
2. If it’s a main fact, then do NOT talk about
finality of answers to collateral issues.
Prior conviction in question without a date… Question whether or not it’s still within the
rehabilitation and state that you need more facts
to determine that.
Previous conviction (for anyone at all)… If it’s the accused, talk about s 15.
If it’s anyone other than the accused, talk about s
If charged with similar sort of offence Do you need to bring up previous convictions?
Also, is this a SFE? If you need more info to
determine this, state that fact.
If question has someone foreign slash speaks a Think: Interpreter (s 131 QEA) or religion and
foreign language or speaks English as a second oath issues (competence and compellability).
If out-of-court document being called upon to Think: is it hearsay? Is it a document that could
prove a fact… have been produced by a computer? If so, apply
s 95 QEA.
Someone says that they were someone else, and S 95 QEA.
the document can be used to proved that they
were there (work timesheets etc)…
If someone directly perceives something… It’s not hearsay.
When you have someone wanting to go and see Check consents were necessary… (no consent
a certain thing (ie view vs demo)…. needed for view).
When talking about confessions… Talk about discretion to exclude them.
Every time you talk about a document… State that a copy is as good as the original (s
If a witness denies they said something and It’s a written PIS. Queens case application must
there’s a written document that proves to the follow.
If examination in chief says anything abo