12. Preliminary Issues Relating to Witnesses
Competence, compellability, oaths and affirmations, witness summonses and arrest warrants.
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
Competence asks whether a witness can understand questions and give intelligible answers; compellability asks whether the witness can be required to testify.
Exam cue: Decide competence before compellability and distinguish both from credibility.
Concept 2
The accused and the accused's spouse or civil partner are governed by special compellability rules.
Exam cue: Identify the witness's relationship to the accused and the offence category.
Concept 3
Witness summons and warrant procedures secure attendance or production through judicial authority rather than informal demand.
Exam cue: Use a summons only where the evidence is likely material and attendance is necessary.
Risk pitfalls and guardrails
Treating youth, communication difficulty or inconsistency as automatic incompetence.
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.
Assuming every competent spouse or partner is compellable for every party and offence.
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.
Seeking a warrant without first satisfying the statutory and procedural conditions.
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
Competence
Ability to understand questions and give answers that can be understood.
Compellability
Whether the law permits the witness to be required to testify.
Credibility is separate
A competent witness may still be challenged on reliability or truthfulness.
Oath or affirmation
A competent witness gives sworn evidence through the appropriate promise to tell the truth.
Witness summons
A court order can compel material testimony or production where the legal conditions are met.
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
A six-year-old understands simple questions and can give answers that are understandable. Is age alone a bar to competence?
A witness has a communication disability but can answer with assistance from an intermediary. How should competence be assessed?
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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