Evidence Concentrate 6e Resources is no longer available and it was replaced by Evidence Concentrate 7e.
Chapter 7 Key facts checklists
Chapter 7 Key facts checklists
Competence and compellability, special measures
● The presumption in both criminal and civil trials is that all witnesses are competent and compellable, so a reason in statute or case precedent has to be found to apply an exception.
● The main criminal law exceptions in relation to competence are defendants testifying for the prosecution, or witnesses who are unable to give intelligible testimony.
● The main criminal law exceptions in relation to universal compellability are defendants themselves and spouses (or civil partners) and co-defendants testifying for the prosecution.
● The general expectation is that witnesses will give evidence on oath (sworn evidence).
● In criminal cases witnesses under the age of 14 years cannot give sworn evidence.
● In civil cases a child (a person under the age of 18 years) who understands the nature of the oath must give sworn testimony, while others may give unsworn evidence under certain conditions.
● Special measures for vulnerable witnesses in criminal trials are directed primarily at non-defendants but there are some limited protections for some defendants.