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Cross examining the accused..

  • 26-04-2012 7:05pm
    #1
    Registered Users 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

  • 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.


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