How does a judge determine if a witness is hostile according to the EAC?

A judge assesses whether a witness is hostile primarily by observing the witness's behaviour and demeanour in the court. This is a fundamental aspect of evaluating a witness's openness and cooperation when giving testimony. Indicators of hostility can include evasiveness, reluctance to answer questions, or a confrontational attitude towards the questioning party. The judge focuses on these signs during the testimony, as they are direct reflections of how the witness is engaging with the process.

While the other choices suggest various factors that might seem relevant, they do not serve as the principal criteria for determining hostility. A witness's prior history could provide context but doesn't alone determine how they behave in a specific instance. The consensus of the legal team is subjective and not a formal legal measure. The length of cross-examination might indicate difficulty in obtaining information, but it does not inherently reflect a witness's hostility. Hence, the emphasis on behaviour and demeanour as the basis for this determination is crucial in the legal context.