Bar Vocal Study Guide
The Bar Vocational Course Full-Time 2002/2003
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EVIDENCE LG 10
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THE EVIDENCE OF CHILDREN
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_________ Bristol Institute of Legal Practice
Bristol Institute of Legal Practice
The Bar Vocational Course
____________________________________________________________
_________________________________________ A:\LG10CHDN.DOC 2 Version No: 1 Author: Liz © Bristol Institute of Legal Practice
Bristol Institute of Legal Practice EVIDENCE LG 10
The Bar Vocational Course
COMPETENCE AND COMPELLABLITY OF WITNESSES THE EVIDENCE OF CHILDREN The purpose of this handout is to combine in one document all the provisions …show more content…
Competence to give sworn evidence is dealt with in s55. The test is whether the child is aged 14 or over and appreciates the solemnity of the occasion and the particular responsibility to tell the truth. His appreciation of those matters is presumed if he is able to give intelligible testimony, and he is able to give intelligible testimony if he is able to understand questions put to him as a witness, and give answers which can be understood. See S55: “(2) the witness may not be sworn for that purpose [i.e. giving evidence] unless (a) the he has attained the age of 14, and
(b) he has a sufficient appreciation of the solemnity of the occasion and of particular responsibility to tell the truth which is involved in taking an …show more content…
A child witness is one who is under the age of 17 at the time of the hearing: s21(1)(a). The primary rule in relation to child witnesses is set out in s21(3): “The primary rule in the case of a child witness is that the court must give a special measures direction in relation to the witness which complies with the following requirements – (a) it must provide for any relevant recoding to be admitted under s27 (video recorded evidence in chief: and (b) it must provide for any evidence given by the witness in the proceedings which is not given by means of a video recording (whether in chief or otherwise) to be given by means of a live link in accordance with s24.” Under s24, the primary rule is subject to certain limitations, the most important of which are: (i) (ii) the application of the special measures are subject to availability: s21(4)(a) the rule does not apply to the extent that the court is satisfied that compliance with it would not maximise the quality of the witness’s evidence: s21(4)(); unless the witness is a child in need of special protection:
________________________
EVIDENCE LG 10
________________________
THE EVIDENCE OF CHILDREN
____________________________________________________________
_________ Bristol Institute of Legal Practice
Bristol Institute of Legal Practice
The Bar Vocational Course
____________________________________________________________
_________________________________________ A:\LG10CHDN.DOC 2 Version No: 1 Author: Liz © Bristol Institute of Legal Practice
Bristol Institute of Legal Practice EVIDENCE LG 10
The Bar Vocational Course
COMPETENCE AND COMPELLABLITY OF WITNESSES THE EVIDENCE OF CHILDREN The purpose of this handout is to combine in one document all the provisions …show more content…
Competence to give sworn evidence is dealt with in s55. The test is whether the child is aged 14 or over and appreciates the solemnity of the occasion and the particular responsibility to tell the truth. His appreciation of those matters is presumed if he is able to give intelligible testimony, and he is able to give intelligible testimony if he is able to understand questions put to him as a witness, and give answers which can be understood. See S55: “(2) the witness may not be sworn for that purpose [i.e. giving evidence] unless (a) the he has attained the age of 14, and
(b) he has a sufficient appreciation of the solemnity of the occasion and of particular responsibility to tell the truth which is involved in taking an …show more content…
A child witness is one who is under the age of 17 at the time of the hearing: s21(1)(a). The primary rule in relation to child witnesses is set out in s21(3): “The primary rule in the case of a child witness is that the court must give a special measures direction in relation to the witness which complies with the following requirements – (a) it must provide for any relevant recoding to be admitted under s27 (video recorded evidence in chief: and (b) it must provide for any evidence given by the witness in the proceedings which is not given by means of a video recording (whether in chief or otherwise) to be given by means of a live link in accordance with s24.” Under s24, the primary rule is subject to certain limitations, the most important of which are: (i) (ii) the application of the special measures are subject to availability: s21(4)(a) the rule does not apply to the extent that the court is satisfied that compliance with it would not maximise the quality of the witness’s evidence: s21(4)(); unless the witness is a child in need of special protection: