http://www.legislation.gov.uk/ukpga/1999/23/section/55Youth Justice and Criminal Evidence Act 1999An Act to provide for the referral of offenders under 18 to youth offender panels; to make provision in connection with the giving of evidence or information for the purposes of criminal proceedings; to amend section 51 of the Criminal Justice and Public Order Act 1994; to make pre-consolidation amendments relating to youth justice; and for connected purposes.1999-08-06texttext/xmlenStatute Law Database2026-03-27Expert Participation2026-03-25 Youth Justice and Criminal Evidence Act 1999s. 33BA 33BBCoroners and Justice Act 2009s. 104(1)s. 180s. 182(5)Youth Justice and Criminal Evidence Act 1999s. 17(4A)(ba)-(bc)Crime and Policing Act 2026s. 71(1)(a)s. 255(1)Youth Justice and Criminal Evidence Act 1999s. 33(6)(e)-(g)Crime and Policing Act 2026s. 71(1)(b)s. 255(1)Youth Justice and Criminal Evidence Act 1999s. 35(3)(aa)-(ac)Crime and Policing Act 2026s. 71(1)(c)s. 255(1) Part IIChapter V551Any question whether a witness in criminal proceedings may be sworn for the purpose of giving evidence on oath, whether raised—aby a party to the proceedings, orbby the court of its own motion,shall be determined by the court in accordance with this section.2The witness may not be sworn for that purpose unless—ahe has attained the age of 14, andbhe 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.3The 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).4If 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 subsection (2)(b).5Any proceedings held for the determination of the question mentioned in subsection (1) shall take place in the absence of the jury (if there is one).6Expert evidence may be received on the question.7Any questioning of the witness (where the court considers that necessary) shall be conducted by the court in the presence of the parties.8For the purposes of this section a person is able to give intelligible testimony if he is able to—aunderstand questions put to him as a witness, andbgive answers to them which can be understood.S. 55(5) applied (with modifications) (31.10.2009) by The Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) Order 2009 (S.I. 2009/2083), arts. 1, 9, 10S. 55(1)-(4) applied (with modifications) (31.10.2009) by The Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) Order 2009 (S.I. 2009/2083), arts. 1, 9, 10S. 55(6)-(8) applied (with modifications) (31.10.2009) by The Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) Order 2009 (S.I. 2009/2083), arts. 1, 9, 10