PART VCOMPETENCE OF WITNESSES AND CAPACITY TO BE SWORN
Giving of sworn or unsworn evidence
Determining whether witness to be sworn33
1
Any question whether a witness in criminal proceedings may be sworn for the purpose of giving evidence on oath, whether raised—
a
by a party to the proceedings, or
b
by the court of its own motion,
shall be determined by the court in accordance with this Article.
2
The witness may not be sworn for that purpose unless—
a
he has attained the age of 14, and
b
he has a sufficient appreciation of the solemnity of the occasion and of the particular responsibility to tell the truth which is involved in taking an oath.
3
The witness shall, if he is able to give intelligible testimony, be presumed to have a sufficient appreciation of those matters if no evidence tending to show the contrary is adduced (by any party).
4
If any such evidence is adduced, it is for the party seeking to have the witness sworn to satisfy the court that, on a balance of probabilities, the witness has attained the age of 14 and has a sufficient appreciation of the matters mentioned in paragraph (2)(b).
5
Any proceedings held for the determination of the question mentioned in paragraph (1) shall take place in the absence of the jury (if there is one).
6
Expert evidence may be received on the question.
7
Any questioning of the witness (where the court considers that necessary) shall be conducted by the court in the presence of the parties.
8
For the purposes of this Article a person is able to give intelligible testimony if he is able to—
a
understand questions put to him as a witness, and
b
give answers to them which can be understood.