CoronavirusSee Coronavirus legislation
Get Coronavirus guidance from GOV.UK
Additional advice for Scotland | Wales | Northern Ireland

Search Legislation

Explanatory Memorandum to Criminal Justice (Evidence) (Northern Ireland) Order 2004

Capability to make statement

48.Article 27provides that an out of court statement cannot be admitted under Articles 20, 23 or 24 if the person who made the statement did not have the “required capability” for making a statement at the time the statement was made.

49.A statement may not be admitted under Article 21 if any person who supplied or received the information or created or received the document did not have the “required capability”, or where that person cannot be identified, cannot reasonably be assumed to have had the required capability.

50.A person is understood to have the required capability if he can understand questions put to him and give answers which can be understood.

Back to top


Print Options


More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources