What Is A Significant Witness?

Who is a vulnerable witness?

It is a very important Act that will allow vulnerable witnesses, including children, people with disabilities, and victims of sexual offences or domestic violence to feel safer and more comfortable when reporting a case.

The Criminal Procedure Amendment Act 24 of 2003 provides the following protections..

Why do solicitors tell you to say no comment?

There is no magic to the phrase no comment. It is simply a device for a suspect to indicate that they have no intention of answering police questions. It allows the police to put questions and the interview to progress easily.

What is the charge for intimidating a witness?

Federal witness intimidation is punishable by up to 20 years in federal prison and a fine of up to $250,000. Using physical force to intimidate a federal witness results in a federal prison sentence of up to 30 years.

What are the four types of witnesses?

Types of Witnesses in CourtEyewitness. The eyewitness is one who has either seen an alleged crime or a part of the crime and will bring his or her observational testimony of that crime to the hearing. … Expert Witness. … Character Witness.

What makes a victim vulnerable?

People classed as vulnerable are: Children under the age of 18. Any person suffering from a mental disorder. Any person suffering from a learning disability.

What is a vulnerable witness UK?

Vulnerable witnesses include children under 18 years old and: people with a mental disorder. people significantly impaired by intelligence and social functioning. people with a physical disability. Help for vulnerable people giving evidence.

Why do you say no comment in a police interview?

But it may harm your defence if you do not mention, when questioned, something which you later rely on in court. Anything you do say may be given in evidence. … Today, courts can use silence (or no comment answers) as an inference of guilt. This means that saying nothing, in some cases, can do more harm than good.

Do you have the right to remain silent in England?

The right to silence in England and Wales is the protection given to a person during criminal proceedings from adverse consequences of remaining silent. It is sometimes referred to as the privilege against self-incrimination.

Can you say no comment in a police interview?

It is very important that if you do a “no comment” interview, then you say “no comment” to every question. You can not answer some questions and say “no comment” to others. … You would do a “no comment” interview because you do not want the police to use your own words against you.

Can witnesses talk to each other?

Witnesses are typically permitted to meet and communicate with lawyers before and after they testify. But a difficult situation may arise when a witness talks with a lawyer at some point during his or her testimony, that is, before all direct and cross examination has been completed.

What does it mean when you say no comment?

No comment is a phrase used as a response to journalistic inquiries which the respondent does not wish to answer. … No comment indicates that the speaker does not choose to say anything on the subject, and it is automatically invalidated if the speaker then comments or answers questions.

What is a significant comment?

You should ask the suspect whether they confirm or deny that earlier statement or silence and if they wish to add anything. 34. A significant statement is one which appears capable of being used in evidence against the suspect (e.g. an unsolicited comment relevant to the offence, such as an admission of guilt).

What is an intimidated victim?

Intimidated. Intimidated witnesses are defined by section 17 YJCEA as those suffering from fear or distress in relation to testifying in the case.

What questions do you ask a crime scene witness?

When interviewing witnesses at a crime scene, the interviewing investigator can encourage details by asking follow-up questions such as, “And then what happened?” or “How can you be sure that is what you remember seeing/hearing?” These questions encourage the witnesses to find the details within their own memories of …

When interviewing witnesses what questions should be asked?

Sample Questions to Ask the Witnesses:What did you witness?What was the date, time and duration of the incident or behavior you witnessed?Where did it happen?Who was involved?What did each person do and say?Did anyone else see it happen? … What did you do after witnessing the incident or behavior?More items…•

How do you tell a reporter with no comment?

Say something like: “I wish I could comment on that (or “help you,” or “share that information with you,” suggests Stephen Rafe in his book on news media interviewing. Use the reporter’s name. If possible, say when you can provide the information.

Why you should remain silent?

Remaining silent will allow your attorney to provide you with an even better defense. When police state that “Anything you say can and will be used against you in a court of law,” they are absolutely serious. Many times, the statements defendants make immediately after an arrest are used in court by the prosecution.

What is a witness interview?

Witnesses are typically interviewed after the complainant and the subject of the investigation. Witness interviews can assist investigators in validating statements made by the complainant and the subject.

What is unlawful intimidation?

Intimidation (also called cowing) is intentional behavior that “would cause a person of ordinary sensibilities” to fear injury or harm. … Threat, criminal threatening (or threatening behavior) is the crime of intentionally or knowingly putting another person in fear of bodily injury.

What is a ground rules hearing?

Ground rules hearings are a pre‐trial process that involve all parties and the judge to address a number of issues, including the manner and content of cross‐examination. … A ground rules hearing is a hearing at which the court gives directions for the fair and efficient conduct of the proceeding.

What’s a voluntary police interview?

If you are suspected of a crime or of having information about a crime, you may be asked by police to attend a voluntary interview at a police station. If you haven’t been arrested, you don’t have to attend the interview and you have the right to refuse.