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Difference between revisions of "Pleading Not Guilty and Criminal Trials (1:VII)"
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Pleading Not Guilty and Criminal Trials (1:VII) (view source)
Revision as of 22:36, 29 August 2022
, 22:36, 29 August 2022→c) Testimony of witness
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The defence/accused should thoroughly prepare witnesses for trial. A witness must tell the truth as they know it, but prior rehearsal of possible questions and answers is advised. All answers should address the specific questions asked. Witnesses should be appropriately dressed. | The defence/accused should thoroughly prepare witnesses for trial. A witness must tell the truth as they know it, but prior rehearsal of possible questions and answers is advised. All answers should address the specific questions asked. Witnesses should be appropriately dressed. | ||
==== c) Testimony of | ==== c) Testimony of a Witness ==== | ||
A witness is required either to swear an oath or to solemnly affirm that they will tell the truth. Section 16(3) of the ''Canada Evidence Act'' permits a witness who is able to communicate the evidence, but does not understand the nature of an oath or a solemn affirmation due to age (under 14 years) or insufficient mental capacity, to testify – as long as they promise to tell the truth. | A witness is required either to swear an oath or to solemnly affirm that they will tell the truth. Section 16(3) of the ''Canada Evidence Act'' permits a witness who is able to communicate the evidence, but does not understand the nature of an oath or a solemn affirmation due to age (under 14 years) or insufficient mental capacity, to testify – as long as they promise to tell the truth. | ||