Final answer:
An SP may refer to their notes in court if they are original and contemporaneous with the incident. It is a requirement for evidence-not just permission of the crown or employer. This relates to the Sixth Amendment's right for the accused to cross-examine witnesses.
Step-by-step explanation:
When testifying in court as a witness, an SP (Statutory Professional) is allowed to refer to their notes if the notes are the original notes made at the same time as the incident or as soon as practicable after it. This condition is crucial to ensure the authenticity and accuracy of the evidence being presented. It is not sufficient for only the crown to allow it or the SP's employer to not object; the notes must meet the standard of being contemporaneous records of the incident to be referred to in court.
In relation to the rights protected by the Sixth Amendment, this pertains to the right of the accused to confront and cross-examine witnesses in a trial. This amendment ensures that testimony given is subject to cross-examination, enhancing the fairness of the judicial process. Rights that are not protected by the Sixth Amendment include a prisoner's right to be informed of why they are being held and the right to remain silent, which are addressed under different constitutional amendments.