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.