Part 3Miscellaneous and general

Abolition of the competence test

I124Abolition of the competence test for witnesses in criminal and civil proceedings

1

The evidence of any person called as a witness (referred to in this section as “the witness”) in criminal or civil proceedings is not inadmissible solely because the witness does not understand—

a

the nature of the duty of a witness to give truthful evidence, or

b

the difference between truth and lies.

2

Accordingly, the court must not, at any time before the witness gives evidence, take any step intended to establish whether the witness understands those matters.