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- In a criminal case, a defendant has the right to testify at trial — but they are not required to do so. The Fifth Amendment of the U.S. Constitution protects a defendant from self-incrimination — this includes the right not to testify at trial or respond to any questions posed by the prosecution or the judge.
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Sep 28, 2022 · This can arise, in particular, in cases of homicide or other serious violence, organised crime, and terrorism. In most cases, the police will identify if the witness is at risk and should...
Jul 15, 2024 · Most competent witnesses can be compelled by the court to testify. For further guidance on competence prosecutors should refer to Special Measures and sections 53 and 54 Youth Justice and...
To charge a suspect with an offence, the case needs to pass a two-stage legal test: 1. Is there enough evidence against the suspect to provide a realistic prospect of conviction? 2. Is it...
May 6, 2024 · The most common way for evidence to be adduced is through the testimony of a witness. A witness is said to be competent if they can, as a matter of law, be called by a party to give evidence. All people are deemed competent to give evidence, whatever their age, at every stage in criminal proceedings, with two exceptions:
May 30, 2018 · Expert legal advice should be sought by anyone who has been summonsed to court as a witness under this procedure due to the sanctions that can be imposed for a refusal to give evidence. As specialist criminal solicitors this is an area where we are well versed in supporting those who have been deposed as a witness.
Depending on the type of claim, the person who started it can be called the ‘claimant’, ‘petitioner’ or ‘applicant’, and the person disputing it the ‘defendant’ or ‘respondent’. A civil court...
Apr 26, 2024 · Three verdicts can be reached in a criminal case: Guilty verdict. Guilty means that the judge or the jury believed, beyond reasonable doubt, that the accused committed the crime. The judge...
