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  • Competence and Compellability of Witnesses

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    YUSTO HABIYE
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    The document discusses the competence and compellability of witnesses in criminal and civil proceedings in the UK. In criminal proceedings, all persons are generally competent to testify except the accused, who is competent for the defense but not compellable for the prosecution. A spouse of the accused is not competent for the prosecution but may be compellable in certain circumstances, such as crimes against a minor. Those under 14 cannot give sworn testimony in criminal cases. In civil cases, competence depends on understanding the solemnity of testifying under oath. Unssworn testimony from those under 18 may also be allowed.

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    The document discusses the competence and compellability of witnesses in criminal and civil proceedings in the UK. In criminal proceedings, all persons are generally competent to testify except the accused, who is competent for the defense but not compellable for the prosecution. A spouse of the accused is not competent for the prosecution but may be compellable in certain circumstances, such as crimes against a minor. Those under 14 cannot give sworn testimony in criminal cases. In civil cases, competence depends on understanding the solemnity of testifying under oath. Unssworn testimony from those under 18 may also be allowed.

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    101 views2 pages

    Competence and Compellability of Witnesses

    Uploaded by

    YUSTO HABIYE
    The document discusses the competence and compellability of witnesses in criminal and civil proceedings in the UK. In criminal proceedings, all persons are generally competent to testify except the accused, who is competent for the defense but not compellable for the prosecution. A spouse of the accused is not competent for the prosecution but may be compellable in certain circumstances, such as crimes against a minor. Those under 14 cannot give sworn testimony in criminal cases. In civil cases, competence depends on understanding the solemnity of testifying under oath. Unssworn testimony from those under 18 may also be allowed.

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    © All Rights Reserved
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    of 2

    Competence and Compellability of

    Witnesses
    The basic rule is that all persons are competent and compellable to give evidence in
    criminal and civil cases. However this general rule is of course subject to exceptions.

    Criminal Proceedings

    Under the Youth Justice and Criminal Evidence Act 1999 s.53 (1) (YJCEA) all,
    persons, whatever age, are competent apart from those that are not able to understand
    individual questions put to them and give answers that are understood, (s53 (3)).

    Under section 53(4) of the Act a person charged in criminal proceedings is not
    competent to give evidence for the prosecution. In regards to co accused they can be
    several situations where they are competent, including if they have been acquitted or
    have pleaded guilty. Section 53(1) and s 1(1) of the Criminal Evidence Act stipulates
    that the accused is competent for the Defence but is not compellable however.

    Several exceptions exist as regards to a spouse of the accused under section 80 of the
    Police and Criminal Act 1984 (PACE) and section 53 of the YJCEA. Section 53 states
    that the spouse is not competent to give evidence for the prosecution if the spouse is
    charged with an offence in the proceedings. If they are not charged with an offence in
    the proceedings then they will only be compellable In a number of circumstances as
    set out by PACE s 80(3), they will be compellable, including if the accused is charged
    with a sexual offence against a person under the age of 16 and if there has been an
    assault on the spouse or a person aged under 16.

    Under s53 of the YCJEA the spouse is competent to give evidence for the defence but
    only compellable if the offence is one that comes under section 80 (3) of PACE (see
    above). An ex-spouse is competent and compellable as if they had never been
    married, by virtue of section 80(5) of PACE.

    Section 55 of the YCJEA 1999 states that persons under the age of 14 cannot give
    sworn evidence in criminal proceedings, and cannot give sworn evidence, even if they
    are over this age if they do not appreciate the solemnity of the occasion and the
    responsibly of telling the truth under oath.

    Civil Proceedings

    In the case of R v Bellamy it was stated that a person that does not sufficiently
    appreciate the seriousness of the occasion or does not realise that giving evidence
    under oath involves more than an everyday duty of telling the truth then he will not be
    competent.

    Under the Children Act 1989 s 105, persons under the age of 18 can be competent to
    give sworn testimony under the same rule. S 96 provides that if this is not the case
    then the child can still give unsworn testimony if the child both understands that he is
    under a duty to speak the truth and has sufficient understanding to justify the
    reception of his evidence.

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