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Objection to Admissibility of Evidence of Child Witnesses
December 24, 2009 | No CommentsOpinion of Lord Brodie on the question of how to deal with objection to admissibility of evidence of two child witnesses. The defence contended that the children’s evidence had been contaminated by the way the police and Crown had prepared their cases, with an absence of proper records of questions asked in some interviews and leading questions in others.
Lord Brodie decided on pragmatic grounds that the whole matter should be determined at trial and before the jury, as the trial judge would still have the option of directing acquittal or excluding the evidence if persuaded of its unreliability.
To read the opinion, please click here.
Art. 06 Right to a Fair Trial, Criminal Law and Criminal Procedure
