Use of Evidence, Including Witnesses

Use of Evidence, Including Witnesses


  • Evidence is a crucial component of a criminal trial.
  • It can be physical evidence, electronic evidence, circumstantial evidence, and witnesses
  • A key function of the judge is to decide on the relevance of evidence
  • The judge will refer to the Evidence Act 1995 (NSW), which outlines the way evidence must be obtained in order to be used in court.
  • Witnesses must be ‘sworn in’ to testify in a courtroom
  • Witnesses can be called to give statements to the police, or verbal evidence attesting to what they head, saw or experience.
  • Witnesses will be examined and cross-examined on any statement.
  • When a trial is prolonged, a witnesses’ recollection of events can be an issue, as evidence may be lost

 

Extract from Legal Studies Stage 6 Syllabus. © 2009 Board of Studies NSW.