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Youth Justice and Criminal Evidence Act 1999
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- 1999 c. 23
- Part II
- Chapter V
- Competence of witnesses
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- Act transitional provisions for effects of SI 2002/3150 by S.R. 2003/346 art. 3-6
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- Ch. 1A inserted by 2006 c. 48 s. 47
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- s. 33A-33C applied (with modifications) by S.I. 2009/2569 art. 4
- s. 33BA 33BB inserted by 2009 c. 25 s. 104(1)
- s. 65A applied (with modifications) by S.I. 2009/2569 art. 5
- Sch. 1A inserted by 2009 c. 25 Sch. 14
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Commencement Orders bringing provisions within this Act into force:
- S.I. 2003/707 art. 2 commences (1999 c. 23)
- S.I. 2004/299 art. 2 commences (1999 c. 23)
- S.I. 2004/2428 art. 2 commences (1999 c. 23)
- S.I. 2006/2885 art. 2 commences (1999 c. 23)
- S.S.I. 2004/408 art. 3 commences (1999 c. 23)
- S.R. 2004/467 art. 2 commences (1999 c. 23)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2004/874 art. 2 commences (2003 c. 42)
- S.I. 2004/2066 art. 2 commences (2003 c. 39)
- S.I. 2004/3033 art. 2-4 commences (2003 c. 44)
- S.I. 2004/3322 art. 2 Sch. 1-3 commences (1989 c. 40 and 2004 c. 27)
- S.I. 2005/910 art. 3 commences (2003 c. 39)
- S.I. 2005/950 art. 2-4 commences (2003 c. 44)
- S.I. 2005/1267 art. 2 Sch. commences (2003 c. 44)
- S.I. 2005/1521 art. 2-4 commences (2005 c. 15)
- S.I. 2005/2122 art. 2 amendment to earlier commencing SI 2005/950 Sch. 2 para. 23
- S.I. 2006/1835 art. 2 commences (2003 c. 44)
- S.I. 2006/3364 art. 2 commences (2006 c. 48)
- S.I. 2007/709 art. 2-4 commences (2006 c. 48)
- S.I. 2008/2504 art. 2 commences (2007 c. 27)
- S.I. 2008/2860 art. 3 4 Sch. 1 commences (2006 c. 46)
- S.I. 2009/812 art. 3 commences (2006 c. 52)
- S.I. 2009/1059 Order transitional provisions for effects of commencing SI 2009/812
- S.I. 2009/1167 art. 3 4 commences (2006 c. 52)
- S.I. 2009/1840 art. 2 3 commences (2006 c. 38)
- S.I. 2009/3250 art. 2 commences (2007 c. 29)
- S.I. 2010/469 art. 2-4 Sch. commences (2006 c. 38)
- S.I. 2010/2541 art. 2 3 commences (2006 c. 38)
- S.I. 2011/1452 art. 2 commences (2009 c. 25)
- S.R. 2003/323 art. 2 commences (S.I. 1999/2789 (N.I.))
- S.R. 2003/345 art. 3 commences (S.I. 2002/3150 (N.I.))
- S.R. 2003/352 art. 2 3 commences (S.I. 2003/1247 (N.I.))
- S.R. 2003/476 art. 4 commences (S.I. 1999/2789 (N.I.))
- S.R. 2004/468 art. 2 commences (S.I. 1999/2789 (N.I.))
- S.R. 2004/531 art. 2 commences (S.I. 1999/2789 (N.I.))
- S.R. 2006/368 art. 2 commences (S.I. 2005/1965 (N.I.))
Prospective
Competence of witnessesE+W
53 Competence of witnesses to give evidence.E+W
(1)At every stage in criminal proceedings all persons are (whatever their age) competent to give evidence.
(2)Subsection (1) has effect subject to subsections (3) and (4).
(3)A person is not competent to give evidence in criminal proceedings if it appears to the court that he is not a person who is able to—
(a)understand questions put to him as a witness, and
(b)give answers to them which can be understood.
(4)A person charged in criminal proceedings is not competent to give evidence in the proceedings for the prosecution (whether he is the only person, or is one of two or more persons, charged in the proceedings).
(5)In subsection (4) the reference to a person charged in criminal proceedings does not include a person who is not, or is no longer, liable to be convicted of any offence in the proceedings (whether as a result of pleading guilty or for any other reason).
54 Determining competence of witnesses.E+W
(1)Any question whether a witness in criminal proceedings is competent to give evidence in the proceedings, 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 section.
(2)It is for the party calling the witness to satisfy the court that, on a balance of probabilities, the witness is competent to give evidence in the proceedings.
(3)In determining the question mentioned in subsection (1) the court shall treat the witness as having the benefit of any directions under section 19 which the court has given, or proposes to give, in relation to the witness.
(4)Any proceedings held for the determination of the question shall take place in the absence of the jury (if there is one).
(5)Expert evidence may be received on the question.
(6)Any questioning of the witness (where the court considers that necessary) shall be conducted by the court in the presence of the parties.
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