Episode 9 - Prosecution Case Part 2 - Cross-Examination and the Power and Perils of Re-Examination
(00:43.25)
The murder trial continues, with the prosecution witness Finn Hawkins facing cross-examination by barristers Gabriella Hadden (for Aidan Johnson), Henry Irwin (for Bianca Jones) and Ivy Jewell (for Conor Williams).
In Episode 8 we looked in detail at the first stage of questioning a witness - examination-in-chief - which is the process of eliciting from a witness their account of what took place.
But as we saw, there can often be a difference between what a witness says in their written witness statement, and what they actually say in court. And Finn Hawkins was no exception.
In this episode, we move to the next stage of questioning - Cross-Examination. How does cross-examination really work? What are the key purposes of cross-examination, as well as the restrictions imposed in criminal cases? And why, sometimes, is less really more?
We also discover the hidden power of the final stage of questioning - Re-Examination - and why both Henry Irwin and Ivy Jewell - on behalf of their clients Bianca and Conor - will have to tiptoe extremely carefully.
And, as often arises in criminal cases, there is a surprise in store, a revelation which goes to the heart of the case against our three defendants, and the murder charge which they all face. As the case proceeds, we’ll find out that criminal cases can be far from a search for the truth.
Thank you for listening.
I very much hope that you enjoy this episode.
NOTES
Throughout this podcast I have referred to legislation, cases and to further information and reading. Please refer to the links in the Legal Notes below to access this information yourself.
You will also find a list of the characters in this podcast below to help you.
CHARACTERS
Defendants
Aidan Johnson - (visually described at the scene as white, dark hair and a pink shirt)
Bianca Jones - (visually described at the scene as white, slim, wearing a green top and with long dark hair)
Conor Williams - (visually described at the scene as black, short hair, white t-shirt and stocky build)
Prosecution Barrister
Keith Lowe
Defence Barristers
Gabriella Hadden - representing Aidan
Henry Irwin - representing Bianca
Ivy Jewell - representing Conor
Defence Solicitors
Georgina Hale - representing Aidan
Holly Ibsen - representing Bianca
Ramesh Jayanshankar - representing Conor
The Deceased
Daniel Clarke - (visually described as having bright blond hair and dark clothing)
Main Prosecution witnesses
Ethan Green (friend of Daniel Clarke)
Finn Hawkins (friend of Daniel Clarke)
LEGAL NOTES
Cross-Examination -
Part 2 C1 - rule C7 in the Bar Code of Conduct (Barristers - Not abusing your role as an advocate) https://www.barstandardsboard.org.uk/the-bsb-handbook.html?part=E3FF76D3-9538-4B97-94C02111664E5709&audience=&csrfToken=&q=
s.41 Youth Justice and Criminal Evidence Act 1999 - restrictions on asking complainant’s in cases involving allegations of a sexual nature questions about their sexual history except with the leave (permission) of the court https://www.legislation.gov.uk/ukpga/1999/23/section/41
See also s.41 information from the Crown Prosecution Service (CPS) https://www.cps.gov.uk/legal-guidance/rape-and-sexual-offences-chapter-11-sexual-history-complainants-section-41-yjcea
s.34 Youth Justice and Criminal Evidence Act 1999 - prohibition on defendants in person cross-examining complaints in sexual cases https://www.legislation.gov.uk/ukpga/1999/23/section/34
s.35 Youth Justice and Criminal Evidence Act 1999 - prohibition on defendants in person cross-examining child complainants and other child witnesses https://www.legislation.gov.uk/ukpga/1999/23/section/35
s.36 Youth Justice and Criminal Evidence Act 1999 - Power of the court to prohibit in the interests of justice defendants in person cross-examining witnesses https://www.legislation.gov.uk/ukpga/1999/23/section/36
A Life of Crime: The memoirs of a High Court Judge - Sir Harry Ognall. Published by William Collins. (Interesting insight into cross-examination in the Peter Sutcliffe trial).
Recommended John Mortimer Books -
Voyage Round My Father (play) (Penguin Classics)
Clinging to the Wreckage (Autobiography Part 1) (Penguin)
Rumpole of the Bailey series (Penguin)
ADDITIONAL READING - DEFENCE-BARRISTER.CO.UK
For additional detailed reading on many aspects of what is covered throughout this series, please go to Defence-Barrister.co.uk https://www.defence-barrister.co.uk written by Chris Kessling, Criminal Barrister.
PLEASE NOTE:
It is a pleasure to hear from you and to answer your questions, but due to the matters set out below please understand that there are certain questions I am unable to respond to:
Please bear in mind that this podcast is for general information purposes only and does not constitute legal advice.
I am unable to provide legal advice on your specific case. If you require legal advice about a specific case or legal problem it is vital that you seek legal advice from a legal professional, such as a barrister or solicitor.
Due to contempt of court provisions and other legal requirements, I am limited in what I can say about ongoing legal proceedings in any court.
The story, all names, characters, and incidents portrayed in this podcast are fictitious. No identification with actual persons (living or deceased), places, buildings, and products is intended or should be inferred.
Thank you for your understanding.
CONTACT
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COPYRIGHT
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External links to (and provision of information from) .gov.uk websites, the sentencing council website (sentencingcouncil.org.uk), the Judiciary website (judiciary.uk) and other information subject to Crown copyright is provided under the terms of the open goverment licence.