Section 71(a) and (b) says that in a civil or criminal proceeding…
Any person is eligible to give evidence
A person who is eligible to give evidence is compellable.
Witnesses who are compellable may be excused from answering certain questions, why?
S72-75
If they are a Judge, juror,counsel in the proceedings, or if they are a Defendant or associated Defendant.
What is an associated defendant?
Someone against who there is a prosecution arising out of the same events or is connected with the offence for which the defendant is being tried.
What is privilege with respect to giving evidence?
The right to refuse to disclose or to prevent disclosure of what would otherwise be admissible.
Name three types of privilege
Communication with legal advisors
Solicitors trust accounts
Preparatory material for proceedings
Settlement negotiations
Comms with ministers
Info obtained by medical practitioners
S54-59
What are two further privileges?
Self incrimination
Informer privilege
With respect to s54, comms with legal advisors, what are two points about the circumstances under which privilege can be claimed?
The communication must be intended as confidential
Communication must be made for purposes of giving or obtaining legal services
Communication not for dishonest purpose.
S58 - what does protection under 58 require about communications with ministers?
That they are made in confidence and within the ministers capacity as a minister of religion.
What is the rationale behind s59, privilege of info obtained by medical practitioners and clinical psychologists?
Drug addicts and people with disorder communicate candidly to seek help.
When does medical privilege not apply?
Where the treatment was obtained as a result of a persons unlawful conduct.
Define self incrimination?
A person providing information that could lead to, or increase likelihood of, prosecution for a crime. S60
Define ‘an informer’
Has supplied information to an enforcement agency of an offence, in circumstances where the person has a reasonable expectation their identity will not be disclosed.
Is not called as a witness.
Undercover Police Officer.
