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Apr 22, 2021 · How is witness evidence to be taken? The SBP begins by setting out the court’s approach to human memory. It is not a fixed mental record of a witnessed event, but a malleable state of perception that is vulnerable to being altered by a range of influences.
Dec 1, 2023 · This week there have been three cases that each provide some developments on the law relating to witness evidence that will be useful for practitioners in judicial review proceedings.
‘Questions of credibility and reliability are pre-eminently matters for the tribunal of fact. Our system of jury trial proceeds on the basis that jurors, as people of ordinary intelligence and experience, are capable of assessing the credibility and reliability of a witness without expert assistance.
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Before testifying, a witness should review any relevant documents or evidence and refresh their memory of the events they witnessed. They should also be prepared to answer questions clearly and concisely, and to remain calm and composed under questioning.
Jun 15, 2020 · Parties on review are subject to a duty of candour, according to which they must address material facts in witness statements, including the way the decision was made, and disclose material documents.
Sep 8, 2024 · It covers who should attend witness interviews; how to put a witness at their ease and ascertain the salient information you need; the extent to which referring to documents is helpful; taking a proof of evidence and how to ensure you get a full record of the discussions during the interview.
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Witnesses Evidence the Preliminary Issues. It is your responsibility to keep in touch with witnesses and ensure that they are at court on time. It would also be useful to refresh the witnesses’ memory out of court by reading through their witness statement with them.
