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VITAL VOICES: Helping Vulnerable Witnesses Give Evidence
Chapter 4: Criminal and Civil Proceedings
Abolition of the Competence Test
4.1 We think that the competence test should be abolished. The majority of consultees who considered the question of the competence test agreed. Some witnesses, such as young children, may not understand the difference between abstract terms such as "truth" and "lies" but may be perfectly capable of giving a coherent account of real events. We think that there should be no preliminary test of competence which a witness must pass before they start to give evidence, and it should be left to the judge or jury to decide if the witness's testimony is reliable and credible in light of all the evidence led in the case.
4.2 The court should still be able to exercise discretion regarding whether to put a witness on oath. The court may decide that it is not appropriate for a witness to take the oath but instead to give a promise to tell the truth. Witnesses who are not put on oath would be able to give unsworn evidence. Whether or not the witness had taken the oath would be a factor to be taken into account in assessing the credibility and/or reliability of the witness.
The competence test should be abolished. The judge or jury should decide if the testimony is reliable and credible in light of all the evidence led in the case. |
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