Question 1 of 9

Darren is being tried in the Crown Court. He has pleaded not guilty to a charge of theft and has given evidence in his own defence. During examination-in-chief, Darren’s main defence witness, Simon, is very reluctant to confirm Darren’s evidence. This is contrary to the statement Simon had previously given to Darren’s solicitors. In addition, Simon is openly hostile towards Darren’s Counsel. Which of the following statements numbered (i) to (iii) is/are CORRECT? (i) A hostile witness is one who, in the opinion of the Judge, is not desirous of telling the truth to the Court in the instance of the party calling him. (ii) Darren’s Counsel must obtain leave from the Judge to treat Simon as a hostile witness. (iii) If Simon were to be treated as a hostile witness, Darren’s Counsel could then continue to ask Simon questions, and would be allowed to use leading questions. Select ONE of the following: