Do Judges Believe Witnesses?

In a criminal trial it is the jury which decides who is telling the truth and who is not. By contrast, unlike in the United States where criminal and civil cases are both heard by a jury, in Great Britain a civil judge sitting by themselves, performs the function of the jury. The judge considers the oral and documentary evidence of the witness and listens to the arguments made by the barristers for and against the rival cases.

Most cases come to trial very many years after the events, giving rise to the dispute, took place. We all know that memories fade with time. In a busy world it is difficult to remember what happened 24 hours ago never mind many years ago. Once you have spent time with the lawyers discussing the case and being involved in writing a witness statement, it is more difficult to distinguish between what a person recalls, what they would like to recall happened, and what they have learned