13. Examination of Witnesses
Examination in chief, memory refreshing, hostile witnesses, cross-examination, re-examination and special measures.
How to study for BSB Criminal Litigation
Prepare for a closed-book assessment by linking every power, gateway, burden, procedure and appellate route to its place in the criminal case.
Core concepts
Concept 1
Examination in chief ordinarily uses non-leading questions, subject to recognised exceptions and procedures for memory refreshing and hostile witnesses.
Exam cue: Identify examination stage and permissible question form before asking it.
Concept 2
Cross-examination may lead and test credibility but remains subject to relevance, fairness, collateral-finality and statutory restrictions.
Exam cue: Use the correct foundation for a previous inconsistent statement or memory refresh.
Concept 3
Re-examination addresses matters arising in cross-examination without introducing a new case, while special measures support eligible vulnerable or intimidated witnesses.
Exam cue: Select a special measure by witness eligibility, need and quality of evidence.
Risk pitfalls and guardrails
Leading a cooperative witness through disputed facts in chief.
Guardrail: Do not import a current-law change into the assessment merely because it post-dates the syllabus cut-off; use the latest BSB-issued syllabus or amendment for exam scope.
Treating declaration of hostility as permission for unrestricted character attack.
Guardrail: Do not import a current-law change into the assessment merely because it post-dates the syllabus cut-off; use the latest BSB-issued syllabus or amendment for exam scope.
Using re-examination to repair every omission or introduce unrelated evidence.
Guardrail: Do not import a current-law change into the assessment merely because it post-dates the syllabus cut-off; use the latest BSB-issued syllabus or amendment for exam scope.
Memory anchors
Chief
Elicit the witness's evidence mainly through open, non-leading questions.
Hostile witness
With the court's permission, the calling party may cross-examine its own genuinely adverse witness.
Cross-examination
Test evidence with leading questions while observing relevance, fairness and statutory limits.
Re-examination
Clarify matters arising from cross-examination without opening an unrelated new case.
Special measures
Use authorised measures to improve participation and evidence quality for eligible witnesses.
Checkpoint rule
Do the check-up only after you can summarize each concept in one sentence and identify one dangerous pitfall from memory.
Knowledge Check (after reading)
Short check-up to confirm understanding of this module.
Check-up Questions
In examination in chief, counsel asks a cooperative witness, 'The defendant wore a red coat, didn't he?' The colour is disputed. What is the objection?
May counsel use leading questions in chief to establish the witness's name and other undisputed introductory matters?
Answer all questions to submit.
Next step personalized recommendations
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Move forward only after this module is stable.
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