Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Cross examining the accused..

  • 26-04-2012 6:05pm
    #1
    theAwakening
    Registered Users, Registered Users 2 Posts: 254 ✭✭


    I am enquiring as to what manoeuvres the prosecution can use, in circumstances where the accused, at an appeal hearing, gives direct evidence which is inconsistent with evidence he has earlier given at a summary trial in the same case?

    it does not appear to come within the remit of s.1(f) of the criminal justice (evidence) act, 1924.

    essentially, can an accused be cross-examined in the latter appeal hearing on the previous evidence he has given at the original summary hearing of the same case, if there is a clear inconsistency / discrepency?

    seperately, in order the invoke the shield, must an application be made to the judge in the absence of the jury?


Comments

  • #2
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    An appeal of a summary trial is not before a jury. If the accused goes into evidence he can be cross examined and it can be put to her that she made contradictory statements in the previous trial.
    If the defence objects to any question on the grounds that it should not be asked the argument takes place in the absence of the jury.


Advertisement