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Words: | Submitted: Thu Jul 11 2002
... for competence. All persons who are competent are compellable, with the exceptions. Everyone is competent if s/he is legally able to give evidence to a court (ie. If they can, and if the court deems it to be relevant evidence.) The two major areas that there are trouble with are spouses and children. For spouses, look at Pace, s. 80. CHILDREN. Area's that are of main concern: : S. 53(3) of the Youth Justice and Criminal Evidence Act 1999 : s. 96(2)(a) & (b) of the Children's Act 1989 : s. 33A of the Criminal Justice Act 1988 s. 53 being the newest. However, s. 96 of the 89 act provides the clearest, stating that (1) he understands his duty to speak the truth and (2) has sufficient understanding to justify his evidence being heard. S. 53(3) will be given out in the exam. Children are persons under the age of 14. They may give evidence sworn or unsworn. Tests of ...
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