Court evidence
If an accused pleads not guilty and a case proceeds to trial it is almost always because the defence wishes to challenge the prosecution evidence. The only way in which this can be done is by the cross-examination of a witness. In order to be cross- examined, a witness would have to attend court.
Pre-recorded evidence might take the place of a witness’s evidence in chief (ie the evidence given in response to the prosecutor’s questions) but could never replace cross-examination.
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Hide AdIf a witness’s evidence is not to be challenged, there are already provisions in effect by which the evidence of that witness can be agreed by prosecution and defence, and the witness need not attend court.
The only realistic way in which criminal legal procedures could be speeded up is by increasing the number of judges, sheriffs and prosecutors and re-opening the courts which have been closed. But this, of course, would be expensive and, no doubt, our politicians would not agree!
Alastair L Stewart
Albany Road
Broughty Ferry