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Witnesses giving evidence in court

Examination-in-chief

1. When a witness is called to give evidence, s/he will be questioned first by the advocate representing the party calling them. This is the 'examination-in-chief', the object of which is to elicit from the witness all the facts supporting that party's case that are within the personal knowledge of that witness.

2. When giving evidence, witnesses may refresh their memory from documents provided certain conditions are met – see the section on Memory Refreshing[166] in 'Exceptions to the hearsay rule'.

3. 'Leading questions' (ie questions which invite a witness to give a particular response) should generally not be asked in examination-in-chief. There are a limited number of exceptions to this rule, such as questions on introductory matters or facts that are not in dispute, and the court may allow leading questions where it considers it in the interests of justice to do so.

4. All the evidence on which the prosecution wishes to rely must be called before the close of the prosecution case, as it will only be in exceptional circumstances that the prosecution may be allowed subsequently to call evidence. This should be borne in mind when you attend the trial: if you consider that there may have been an oversight, and that evidence intended to go before the court has not been introduced, you must inform the prosecuting advocate before, and not after, the close of the prosecution case.

Cross-examination

5. After a witness has given evidence-in-chief, s/he may be cross-examined on behalf of the other parties, including any co-accused. If a witness has not said anything which damages the prosecution case, or with which your witnesses disagree, there may be no need to cross-examine the witness at all.

6. If there are no questions in cross-examination, the witness's account is generally taken as unchallenged, and accepted.

Re-examination

7. After cross-examination, the party that called the witness may re-examine him/her, but must limit questions to clarify matters covered during cross-examination. Leading questions may not be asked. Re-examination will often be tactically disadvantageous and is not conducted routinely.

8. The court may recall a witness for further examination or cross-examination. In such circumstances, the parties have a right to cross-examine or re-examine.

9. Exceptionally, a party may be allowed to call evidence after it has closed its case to rebut evidence that was unforeseen.

Evidence of bad character

10. On the 15 December 2004, a fundamental change in the law of evidence relating to bad character was enacted under the Criminal Justice Act 2003 (CJA 2003). The CJA 2003 abolished the common law rules that had governed the admissibility of evidence of bad character1.

11. There is a firm distinction in the CJA 2003 between the evidence of bad character relating to any witness who is not the defendant (whether for the Crown or the defence), and that of the defendant.

12. The CJA 2003 formally defines 'bad character' 2. This is evidence of, or a disposition towards, misconduct 3 on the person's part, other than evidence that:

  • has to do with the alleged facts of the offence with which the defendant is charged, or
  • is evidence of misconduct in connection with the investigation or prosecution of that offence.

13. Facts that are central to the offence itself cannot be evidence of bad character. Bad character evidence must instead be drawn from background evidence and evidence not going to the central set of facts, which may amount to evidence of bad character.

Bad character evidence: cross-examination of the defendant as to 'credit' (credibility)

14. Prior to the CJA 2003, the Crown could only introduce evidence of a defendant's bad character if the defendant had previously raised relevant matters of bad character in evidence.

15. The CJA 2003 introduces a new framework setting out the circumstances in which evidence of a defendant's bad character can now be adduced 4. These circumstances are exceptions to the general rule that the prosecution may not adduce evidence of the defendant's bad character (other than that relating to the offence charged) nor of the defendant's propensity to act in a particular way, even if that is relevant. The common law rules governing the admissibility of evidence of bad character, except the rule relating to general reputation 5, are abolished.

16. Under section 101(1) CJA 2003, evidence of the defendant's bad character is admissible without leave of the court (provided notice has been given to the court and each other party) "if, but only if:

  1. all parties to the proceedings agree to the evidence being admissible;
  2. the evidence is adduced by the defendant himself or is given in answer to a question asked by him in cross-examination and intended to elicit it;
  3. it is important explanatory evidence 6;
  4. it is relevant to an important matter in issue between the defendant and the prosecution 7, 8;
  5. it has substantial probative value in relation to an important matter in issue between the defendant and a co-defendant 9;
  6. it is evidence to correct a false impression given by the defendant 10, 11; or
  7. the defendant has made an attack on another person's character".

17. Section 101(3) CJA 2003 allows the court not to admit evidence under (d) or (g) above if on an application by the defendant to exclude that evidence, it appears to the court that the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it. On such an application, the court must have regard, in particular, to the length of time between the matters to which the evidence relates and the matters that form the subject of the offence charged.

18. A defendant's bad character is admissible if the defendant attacks another person's character. This other person does not have to be the accused or a prosecution witness; it can be any person.

19. A person attacks another person's character if he adduces evidence to the effect that the other person:

  • has committed an offence (regardless of whether it is the same or a different offence to the one with which the defendant is charged, or whether that other person was prosecuted for the offence), or
  • has behaved, or is disposed to behave, in a reprehensible way.

20. If the prosecution intends to adduce evidence of the defendant's bad character, notice must be given to the court and all other parties. A defendant may apply to exclude evidence of his/her bad character12.

21. Convictions under the law of any of any country outside England and Wales can be admitted to the same extent as convictions in England and Wales provided that the offence would also have been an offence in England and Wales

Contaminated evidence

22. If evidence of bad character is admitted on grounds (c) - (g) of paragraph 16 above and, at any time after the close of the prosecution case, the court is satisfied that the evidence is contaminated such that a conviction for the offence would be unsafe, the court must either direct the jury to acquit the defendant or, if it considers that there ought to be a retrial, discharge the jury 13.

23. A person's evidence is 'contaminated' if the evidence is false or misleading in any respect, or is different from what it would otherwise have been, and the evidence arises:

  • as a result of an agreement or understanding between that person and one or more others, or
  • as a result of the person being aware of anything alleged by one or more other persons whose evidence may be, or has been, given in the proceedings.

24. These provisions apply 'to a defendant's trial before a judge and jury'; no equivalent power exists in relation to summary trials.

Defendant who does not give evidence

25. Where the defendant fails to give evidence in court, the court may draw such inferences as appear proper in determining whether the accused is guilty of the offence charged. The court cannot, however, convict the accused solely on the basis of an inference drawn from a failure to give evidence.

26. At the conclusion of the prosecution case, the court must establish that the defendant understands that the stage has been reached at which evidence can be given for the defence; that s/he can give evidence; and that failure to do so will allow the court to draw such inferences as appear proper from a failure to give evidence or refusal to answer questions without good cause.

27. Once a defendant has been sworn in, any refusal to answer questions will be treated as without good cause unless:

  • s/he is entitled to refuse to answer questions by virtue of an enactment or on the grounds of privilege; or
  • the court excuses him/her from answering 14.

28. An adverse inference may also be drawn from a defendant's silence before trial. Evidence of the defendant's silence should be called by the prosecution as part of its case if the court is to be invited to draw such an inference 15.

Bad character evidence: cross-examination of witnesses as to 'credit' (credibility)

29. The CJA 2003 allows cross-examination as to the character of non-defendant witnesses. Section 100 introduces a statutory framework under which evidence of a witness's bad character may be admissible.

30. The court will either grant or refuse leave based on its judgment as to whether evidence of the bad character of a non-defendant witness is admissible, ie if:

  • it is important explanatory evidence 16;
  • it has substantial probative value in relation to a matter which is in issue in the proceedings and is of substantial importance in the context of the case as a whole (see below); or
  • all parties to the proceedings agree to the evidence being admitted.

31. If all parties to the proceedings agree to the evidence being admitted, leave of the court is not required. If leave is required, the advocate who wishes to put questions to the non-defendant witness is under a duty to make the appropriate application on notice. This can be dealt with either before the trial starts or during the trial.

32. When assessing whether evidence has substantial probative value, a court will assume that the evidence is true 17.

33. In assessing the probative value of evidence, the court must have regard to the following factors, to ensure that the parties have the opportunity to adduce evidence of bad character if it is important enough to do so 18:

  • the nature and number of the events, or other things, to which the evidence relates. For example, if a witness has one conviction for fare evasion, in determining whether to allow evidence of that conviction to be adduced, the court must have regard to the fact that this conviction bears no relation to a health and safety prosecution, save for it being a mild example of dishonesty;
  • when those events or things are alleged to have happened or existed, ie how long ago;
  • the nature and extent of the similarities (or otherwise) between each of the alleged instances of misconduct; and
  • where the evidence is of a person's misconduct, and it is suggested that that person is also responsible for the misconduct charged, and the identity of the person responsible for the misconduct charges is disputed.

34. A party wishing to introduce evidence of bad character must either make an application to the Court (non-defendant's bad character) or give notice to the Court and each party that it wants to introduce such evidence (defendant's bad character) 19. A party may oppose an application to introduce a non-defendant's bad character by giving notice in writing to the court and other parties within 14 days of receipt of the application. A party may object to a notice to introduce a defendant's bad character by serving an application on the Court and each party not more than 14 days after service of the notice.

35. In summary, the first issue is whether there has been an attempt to adduce evidence of bad character. If there has been, does the evidence of bad character explain a substantially important matter in issue? If it does, then the court should grant leave. If it does not, then the evidence of bad character will not be admitted. The advocate should therefore consider the value of the evidence s/he wishes to adduce in this regard.

Competence and compellability of witnesses

36. Neither the defendant nor his/her spouse or civil partner can be compelled, in health and safety prosecutions, to give evidence for the prosecution20.

37. It is likely that a director of a company can be compelled to give evidence in the trial of the company or a fellow director, but only in exceptional cases should such evidence be relied on21.

38. A live link is defined by section 56(2) CJA 2003 as a live television link or other arrangement by which a witness, while at a place in the United Kingdom which is outside the building where the proceedings are being held, is able to see and hear a person at the place where the proceedings are being held, and vice versa.

39. The CJA 2003 sets out the circumstances in which a witness can give evidence through a live link 22. The provisions state that any person (other than the accused) can give evidence through a live link if the court directs. Witnesses are generally required to attend the court in person. Section 51, and associated provisions of the Criminal Justice Act 2003, enable the Court to allow witnesses (other than the defendant) to give evidence by a live link from any suitable facility (it is not limited to those in a court building) if the court is satisfied that it is "in the interests of the efficient and effective administration of justice" (section 51(4)(a)) and where the necessary facilities are already available. In deciding whether to give a direction under this section the court must consider all the circumstances of the case (section 51(6)).

40. A direction for evidence to be given by live link can be given on application of a party or on the court's own motion. Such a direction will not be given unless the court is satisfied that it is in the interests of justice for evidence to be given this way. A court will consider matters such as the availability of the witness, the need for the witness to attend in person, and the importance of the witness's evidence to the proceedings in deciding whether to allow such evidence.

41. If a direction is given permitting a witness to give evidence through a live link, then the evidence of the witness concerned will only be able to be given by live link. The direction as to the live link evidence may be rescinded by the court if it appears to be in the interests of justice to do so.

42. Facilities for the giving of live link evidence may not be available at all magistrates' courts. Should magistrates decide that evidence is to be given by way of live link but suitable facilities are not available at that court, they may order the whole or any part of the proceedings to be conducted at an alternative venue where such facilities are available.

43. Where evidence is given through a live link, any jury must be directed to give the same weight to the evidence as if it had been given by the witness in court.

44. Special arrangements for vulnerable or intimidated witnesses, including children, may include giving evidence by live link 23. See Attendance of witnesses[167] for further guidance.

Footnotes

  1. Section 99 CJA 2003. Back
  2. Section 98 CJA 2003. Back
  3. 'Misconduct' is defined as 'the commission of an offence or other reprehensible behaviour'. 'Reprehensible' is not defined, but could include cautions,warnings, reprimands etc. Back
  4. CJA 2003 s101. Back
  5. CJA 2003 s99 – a person's reputation remains admissible for the purposes of proving his bad character. Back
  6. In relation to the defendant's bad character, evidence is important explanatory evidence if without it, the court or jury would find it impossible or difficult properly to understand other evidence in the case, and its value for understanding the case as a whole is substantial - section 102 CJA 2003. Back
  7. Section 103(6) CJA 2003 - Only prosecution evidence is admissible under (d). Back
  8. See section 103(1) CJA 2003 for what is meant by 'matter in issue', and subsequently sections 103(2)-(4) for how 'propensity to be untruthful' may be proved. Back
  9. See section 104 CJA 2003 for detail as to a 'matter in issue between the defendant and a co-defendant'. Back
  10. As per section 105(1) CJA 2003, the defendant gives a 'false impression' if he is responsible for the making of an express or implied assertion that is likely to give the court or jury a false or misleading impression about the defendant. Back
  11. Section 105(6) CJA 2003: Evidence of bad character will be admissible under (f) above only to the extent necessary to correct the misleading impression. Only prosecution evidence is admissible under (f). Back
  12. Parts 5 (Forms) and 21 (Evidence of bad character) Criminal Procedure Rules 2015[168]; See Part 21 CPR for the time limits applying to such provisions. Back
  13. See section 107 CJA 2003. Back
  14. Criminal Justice and Public Order Act 1994, section 35(5). Back
  15. Criminal Justice and Public Order Act 1994, s.34(3). See 'Collecting witness evidence[169]' for a discussion of s.34.Back
  16. Evidence of bad character of a non-defendant witness is important explanatory evidence if, without it, the court or jury would find it impossible or difficult properly to understand other evidence in the case and its value for understanding the case as a whole is substantial – section 100(2) CJA 2003. Back
  17. A court need not assume that the evidence is true if it takes the view that, on the basis of the materials before it (including any evidence it decides to hear on the matter), no court or jury could reasonably find it to be true. Back
  18. Section 100(3) CJA 2003. Back
  19. Parts 5 (Forms) and 21 (Evidence of bad character) Criminal Procedure Rules 2015; See Part 21 CPR for the time limits applying to such provisions. Back
  20. Section 80(2A) Police and Criminal Evidence Act 1984 (as amended). Back
  21. See Collecting witness evidence – Witness statements[170] for more information on this situation. Back
  22. CJA 2003, s.51. Back
  23. Youth Justice and Criminal Evidence Act 1999. Back

Link URLs in this page

  1. Enforcementhttps://www.hse.gov.uk/enforce/index.htm
  2. Enforcement guidehttps://www.hse.gov.uk/enforce/Enforcementguide/index.htm
  3. Introductionhttps://www.hse.gov.uk/enforce/Enforcementguide/intro.htm
  4. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/index.htm
  5. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/witness-intro.htm
  6. Order of collecting evidencehttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/witness-order.htm
  7. Witness statementshttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/witness-witness.htm
  8. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/witness-questioning.htm
  9. Admissibility of confessionshttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/witness-admissibility.htm
  10. Inferences from silencehttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/witness-inferences.htm
  11. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/physical-intro.htm
  12. Evidence that may assist your investigationhttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/physical-evidence.htm
  13. Obtaining evidence using section 20 powershttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/physical-obtaining.htm
  14. Preparing evidence for courthttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/physical-preparing.htm
  15. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/expert-intro.htm
  16. The experthttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/expert-role.htm
  17. Site visitshttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/expert-sitevisits.htm
  18. The reporthttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/expert-report.htm
  19. At courthttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/expert-court.htm
  20. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/status-intro.htm
  21. Contract of employmenthttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/status-contract.htm
  22. Specific categories of workershttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/status-specific.htm
  23. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/identifying-intro.htm
  24. Partnershipshttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/identifying-partner.htm
  25. Companieshttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/identifying-companies.htm
  26. Joint ventureshttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/identifying-ventures.htm
  27. Limited liability partnershipshttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/identifying-liability.htm
  28. Other defendantshttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/identifying-defendants.htm
  29. Prosecution of foreign defendantshttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/identifying-foreign.htm
  30. Insolvencyhttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/identifying-insolvency.htm
  31. Prosecution of individualshttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/identifying-individual.htm
  32. Proceeding against employees HSWA s7https://www.hse.gov.uk/enforce/Enforcementguide/investigation/identifying-employees.htm
  33. Proceeding against Crown employeeshttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/identifying-crown.htm
  34. Proceedings against director, manager, secretary or other similar officerhttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/identifying-directors.htm
  35. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/approving-intro.htm
  36. The prosecution reporthttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/approving-report.htm
  37. Approval of a proposed prosecutionhttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/approving-approval.htm
  38. Evidential stagehttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/approving-evidential.htm
  39. Public interest stagehttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/approving-public.htm
  40. Selection of charges and mode of trialhttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/approving-charges.htm
  41. Cautionshttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/approving-cautions.htm
  42. Enforcement against Crown bodieshttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/approving-enforcement.htm
  43. Recording reasonshttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/approving-recording.htm
  44. Pre-trialhttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/index.htm
  45. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/preparing-intro.htm
  46. Drafting informationshttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/preparing-drafting.htm
  47. Legal referenceshttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/preparing-legal.htm
  48. Sample informationshttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/preparing-informations.htm
  49. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/procedure-intro.htm
  50. Criminal procedure ruleshttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/procedure-criminal.htm
  51. Jurisdictionhttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/procedure-jurisdiction.htm
  52. Informationshttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/procedure-information.htm
  53. Summonshttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/procedure-summons.htm
  54. Initial details of the prosecution casehttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/procedure-advance.htm
  55. Information to assist the sentencing courthttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/procedure-sentencing.htm
  56. Preparation for guilty plea in the magistrates courthttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/procedure-preparation.htm
  57. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/witness-intro.htm
  58. Written statementshttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/witness-written.htm
  59. Supplying statements to witnesseshttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/witness-witness.htm
  60. Supplying statements to the defencehttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/witness-defence.htm
  61. Attendance of witnesseshttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/witness-attendance.htm
  62. Formal admissionshttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/witness-formal.htm
  63. Production of documentshttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/witness-production.htm
  64. Defendant's antecedentshttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/witness-defendant.htm
  65. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/after-intro.htm
  66. Key requirements of the CPIAhttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/after-key.htm
  67. Investigations and relevant materialhttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/after-investigations.htm
  68. Disclosure stageshttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/after-disclosure.htm
  69. Preparing the scheduleshttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/after-preparing.htm
  70. Approach to common categories of materialhttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/after-approach.htm
  71. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/court/index.htm
  72. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/court/reporting-intro.htm
  73. General principleshttps://www.hse.gov.uk/enforce/Enforcementguide/court/reporting-principles.htm
  74. Publicityhttps://www.hse.gov.uk/enforce/Enforcementguide/court/reporting-publicising.htm
  75. Information which may be disclosedhttps://www.hse.gov.uk/enforce/Enforcementguide/court/reporting-information.htm
  76. Sensitive caseshttps://www.hse.gov.uk/enforce/Enforcementguide/court/reporting-sensitive.htm
  77. Reporting committal proceedingshttps://www.hse.gov.uk/enforce/Enforcementguide/court/reporting-committal.htm
  78. Contempt of courthttps://www.hse.gov.uk/enforce/Enforcementguide/court/reporting-contempt.htm
  79. Reporting and Publicity - Abuse of process at common lawhttps://www.hse.gov.uk/enforce/Enforcementguide/court/reporting-abuse.htm
  80. European Convention on Human Rights (ECHR) considerationshttps://www.hse.gov.uk/enforce/Enforcementguide/court/reporting-echr.htm
  81. Reporting the trialhttps://www.hse.gov.uk/enforce/Enforcementguide/court/reporting-trial.htm
  82. Defamation: libel and slanderhttps://www.hse.gov.uk/enforce/Enforcementguide/court/reporting-defamation.htm
  83. Breach of confidencehttps://www.hse.gov.uk/enforce/Enforcementguide/court/reporting-breach.htm
  84. Data protectionhttps://www.hse.gov.uk/enforce/Enforcementguide/court/reporting-data.htm
  85. Reporting and publicity - Freedom of informationhttps://www.hse.gov.uk/enforce/Enforcementguide/court/reporting-foi.htm
  86. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/court/magistrates-intro.htm
  87. Court procedurehttps://www.hse.gov.uk/enforce/Enforcementguide/court/magistrates-courtprocedure.htm
  88. Plea before venue and allocationhttps://www.hse.gov.uk/enforce/Enforcementguide/court/magistrates-mode.htm
  89. Discontinuing a prosecutionhttps://www.hse.gov.uk/enforce/Enforcementguide/court/magistrates-discontinue.htm
  90. The hearinghttps://www.hse.gov.uk/enforce/Enforcementguide/court/magistrates-hearing.htm
  91. Objections and adjournmentshttps://www.hse.gov.uk/enforce/Enforcementguide/court/magistrates-objections.htm
  92. Contested cases - not guilty pleashttps://www.hse.gov.uk/enforce/Enforcementguide/court/magistrates-contested.htm
  93. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/court/rules-intro.htm
  94. Trial processhttps://www.hse.gov.uk/enforce/Enforcementguide/court/rules-trial.htm
  95. Proving the offencehttps://www.hse.gov.uk/enforce/Enforcementguide/court/rules-prove.htm
  96. Key rules of evidencehttps://www.hse.gov.uk/enforce/Enforcementguide/court/rules-key.htm
  97. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/court/oral-intro.htm
  98. Witnesses giving evidence in courthttps://www.hse.gov.uk/enforce/Enforcementguide/court/oral-witnesses.htm
  99. Exclusion of evidence in courthttps://www.hse.gov.uk/enforce/Enforcementguide/court/oral-exclusion.htm
  100. Use of inadmissible confessionshttps://www.hse.gov.uk/enforce/Enforcementguide/court/oral-confessions.htm
  101. Physical evidencehttps://www.hse.gov.uk/enforce/Enforcementguide/court/physical-intro.htm
  102. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/court/physical-intro.htm
  103. Exhibiting evidencehttps://www.hse.gov.uk/enforce/Enforcementguide/court/physical-exhibiting.htm
  104. Public documentshttps://www.hse.gov.uk/enforce/Enforcementguide/court/physical-public.htm
  105. Proof of convictionshttps://www.hse.gov.uk/enforce/Enforcementguide/court/physical-proof.htm
  106. Sound and videotape recordingshttps://www.hse.gov.uk/enforce/Enforcementguide/court/physical-sound.htm
  107. Photographs, sketches and modelshttps://www.hse.gov.uk/enforce/Enforcementguide/court/physical-photos.htm
  108. Maps and planshttps://www.hse.gov.uk/enforce/Enforcementguide/court/physical-maps.htm
  109. Real evidence (material objects)https://www.hse.gov.uk/enforce/Enforcementguide/court/physical-real.htm
  110. Computer evidencehttps://www.hse.gov.uk/enforce/Enforcementguide/court/physical-computer.htm
  111. Expert reportshttps://www.hse.gov.uk/enforce/Enforcementguide/court/physical-expert.htm
  112. Depositionshttps://www.hse.gov.uk/enforce/Enforcementguide/court/physical-depositions.htm
  113. Written witness statementshttps://www.hse.gov.uk/enforce/Enforcementguide/court/physical-written.htm
  114. Records required by statutory provisionshttps://www.hse.gov.uk/enforce/Enforcementguide/court/physical-statutory.htm
  115. Continuityhttps://www.hse.gov.uk/enforce/Enforcementguide/court/physical-continuity.htm
  116. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/court/hearsay-intro.htm
  117. Rule against hearsayhttps://www.hse.gov.uk/enforce/Enforcementguide/court/hearsay-rule.htm
  118. Exceptions to the hearsay rulehttps://www.hse.gov.uk/enforce/Enforcementguide/court/hearsay-exceptions.htm
  119. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/court/abuse-intro.htm
  120. What is abuse of process?https://www.hse.gov.uk/enforce/Enforcementguide/court/abuse-abuseprocess.htm
  121. Delayhttps://www.hse.gov.uk/enforce/Enforcementguide/court/abuse-delay.htm
  122. Double jeopardyhttps://www.hse.gov.uk/enforce/Enforcementguide/court/abuse-double.htm
  123. Breach of promisehttps://www.hse.gov.uk/enforce/Enforcementguide/court/abuse-breach.htm
  124. Loss of evidence / failure to disclose unused materialhttps://www.hse.gov.uk/enforce/Enforcementguide/court/abuse-loss.htm
  125. Investigative improprietyhttps://www.hse.gov.uk/enforce/Enforcementguide/court/abuse-investigative.htm
  126. Pre-trial publicityhttps://www.hse.gov.uk/enforce/Enforcementguide/court/abuse-pretrial.htm
  127. In magistrates' courthttps://www.hse.gov.uk/enforce/Enforcementguide/court/abuse-abusemagistrates.htm
  128. Abuse of process in the Crown Courthttps://www.hse.gov.uk/enforce/Enforcementguide/court/abuse-abusecrown.htm
  129. What to do if abuse is claimedhttps://www.hse.gov.uk/enforce/Enforcementguide/court/abuse-abuseclaimed.htm
  130. Recording decisionshttps://www.hse.gov.uk/enforce/Enforcementguide/court/abuse-decisions.htm
  131. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/court/sentencing-intro.htm
  132. Preparing for sentencing hearingshttps://www.hse.gov.uk/enforce/Enforcementguide/court/sentencing-preparing.htm
  133. The sentencing hearing and imposing the sentence https://www.hse.gov.uk/enforce/Enforcementguide/court/sentencing-hearing.htm
  134. Penaltieshttps://www.hse.gov.uk/enforce/Enforcementguide/court/sentencing-penalties.htm
  135. Costshttps://www.hse.gov.uk/enforce/Enforcementguide/court/sentencing-costs.htm
  136. Model exampleshttps://www.hse.gov.uk/enforce/Enforcementguide/court/sentencing-examples.htm
  137. Crown courthttps://www.hse.gov.uk/enforce/Enforcementguide/court/crown-intro.htm
  138. Allocation Procedurehttps://www.hse.gov.uk/enforce/Enforcementguide/court/crown-committal.htm
  139. At the Crown Courthttps://www.hse.gov.uk/enforce/Enforcementguide/court/crown-court.htm
  140. Committal for sentencehttps://www.hse.gov.uk/enforce/Enforcementguide/court/crown-sentence.htm
  141. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/court/appeals-intro.htm
  142. Prosecution rights of appealhttps://www.hse.gov.uk/enforce/Enforcementguide/court/appeals-prosecution.htm
  143. Defence rights of appealhttps://www.hse.gov.uk/enforce/Enforcementguide/court/appeals-defence.htm
  144. Rights of appeal for both partieshttps://www.hse.gov.uk/enforce/Enforcementguide/court/appeals-both.htm
  145. Appeals to European courtshttps://www.hse.gov.uk/enforce/Enforcementguide/court/appeals-european.htm
  146. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/notices/index.htm
  147. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/notices/notices-intro.htm
  148. Conditions for a valid noticehttps://www.hse.gov.uk/enforce/Enforcementguide/notices/notices-conditions.htm
  149. Types of noticehttps://www.hse.gov.uk/enforce/Enforcementguide/notices/notices-types.htm
  150. Drafting noticeshttps://www.hse.gov.uk/enforce/Enforcementguide/notices/notices-drafting.htm
  151. Service of noticeshttps://www.hse.gov.uk/enforce/Enforcementguide/notices/notices-service.htm
  152. Failure to complyhttps://www.hse.gov.uk/enforce/Enforcementguide/notices/notices-failure.htm
  153. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/notices/tribunals-intro.htm
  154. Employment tribunals - Jurisdiction of the tribunalhttps://www.hse.gov.uk/enforce/Enforcementguide/notices/tribunals-jurisdiction.htm
  155. Notice of appealhttps://www.hse.gov.uk/enforce/Enforcementguide/notices/tribunals-appeal.htm
  156. Preparation for the hearinghttps://www.hse.gov.uk/enforce/Enforcementguide/notices/tribunals-preparation.htm
  157. Employment tribunal hearingshttps://www.hse.gov.uk/enforce/Enforcementguide/notices/tribunals-employment.htm
  158. Tribunal decisionhttps://www.hse.gov.uk/enforce/Enforcementguide/notices/tribunals-tribunal.htm
  159. Challenging tribunal decisionshttps://www.hse.gov.uk/enforce/Enforcementguide/notices/tribunals-challenges.htm
  160. Overviewhttps://www.hse.gov.uk/enforce/Enforcementguide/wrdeaths/index.htm
  161. Introduction to the work related deaths sectionhttps://www.hse.gov.uk/enforce/Enforcementguide/wrdeaths/intro.htm
  162. Investigation of work related deathshttps://www.hse.gov.uk/enforce/Enforcementguide/wrdeaths/investigation.htm
  163. Coroner Inquestshttps://www.hse.gov.uk/enforce/Enforcementguide/wrdeaths/chronology.htm
  164. The coronerhttps://www.hse.gov.uk/enforce/Enforcementguide/wrdeaths/coroner.htm
  165. Enforcement guide Site maphttps://www.hse.gov.uk/enforce/Enforcementguide/sitemap.htm
  166. Memory Refreshinghttps://www.hse.gov.uk/enforce/Enforcementguide/court/hearsay-exceptions.htm#p52
  167. Attendance of witnesseshttps://www.hse.gov.uk/enforce/Enforcementguide/pretrial/witness-attendance.htm#p17
  168. Criminal Procedure Rules 2015https://www.hse.gov.uk/enforce/Enforcementguide/pretrial/procedure-criminal.htm
  169. Collecting witness evidencehttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/witness-inferences.htm
  170. Collecting witness evidence – Witness statementshttps://www.hse.gov.uk/enforce/Enforcementguide/investigation/witness-witness.htm#P67_13897
  171. Register of convictions and noticeshttps://www.hse.gov.uk/enforce/convictions.htm
  172. Enforcement policy statementhttps://www.hse.gov.uk/enforce/enforcepolicy.htm
  173. Enforcement management modelhttps://www.hse.gov.uk/enforce/assets/docs/emm.pdf
  174. List of Specialist Regulatory Advocateshttps://www.hse.gov.uk/enforce/assets/docs/regulatory-advocates.pdf

Glossary of abbreviations/acronyms on this page

CPIA
Criminal Procedure and Investigations Act

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Updated 2022-03-22