Question 1

When will a witness not give sworn evidence in court? S55 YJCEA 1999 provies a witness need not give sworn evidence if they are under the age of 14,they do not have an appreciation of the solemnity of the occasion and lack the particular responsibility to tell the truth involved in taking an oath.

Accepted Answer

Under Section 55 of the Youth Justice and Criminal Evidence Act (YJCEA) 1999, there are specific circumstances in which a witness will not be required to give sworn evidence in court. According to this provision, a witness will not give sworn evidence if:

1. They are under the age of 14: The law recognizes that very young witnesses may not fully understand the implications of taking an oath or making an affirmation.

2. They do not have an appreciation of the solemnity of the occasion: This means that if a witness, regardless of age, does not grasp the seriousness of the court setting and the importance of the proceedings, they may be exempt from giving sworn evidence.

3. They lack the particular responsibility to tell the truth involved in taking an oath: This refers to the understanding that when taking an oath or affirmation, there is a moral and legal obligation to tell the truth. If a witness is unable to comprehend this responsibility, perhaps due to cognitive impairments or developmental issues, they may not be required to give evidence under oath.

In such cases, the court may still allow the witness to give unsworn evidence. However, the weight given to this evidence may be considered differently than evidence given under oath, and the court will take into account the reasons why the witness did not give sworn evidence when evaluating the testimony.

Question 2

In which situations can a defendant be a comeptent and compellable witness for the prosecution against a co-accused? S53 (4) states that a defendant is not competent to testify for the prosecution so long as he or she is a person charged in the proceedings, that is named in the indictment. B,C and D allows a defendant to be removed from the indicmtnet and therefore able to give evidence against a co-accused.

Accepted Answer

A)  If D pleads guilty and is still on the indictment for the same offence as the co-accused
B)  If D pleads guilty and is subsequently removed from the indictment
C)  When D is acquitted, with the prosecution offering no evidence
D)  If D is removed from the indictment and is tried separately
E)  All of the above B, C, D

Question 3

Which section establishes that a defendant is not comeptent as witness for the prosecution? S53 (4) YJCEA 1999 provides that a witness is not competent to give evidence against himself for the prosecution. The prosecution may only question the defendant during cross-examination.

Accepted Answer

A)  S53 (4)  YJCEA 1999
B)  S114 CJA 2003
C)  S80 (5)  YJCEA 1999
D)  S1 Oaths Act 1978 A

Question 4

Provided they are competent, who CANNOT be compelled to give evidence? S80 (2) PACE makes a wife compellable for the prosecution if the offence is specificied in S80 (3).

Accepted Answer

A)   The defendants neighbour
B)   The ex-spouse of the accused
C)   The 16 year old child of the defendant
D)   The mentally disabled mother of the defendant
E)   The defendants wife, when the defendant is charged with assailting her

Question 5

A co-habitee is compellable in which of the following situations? R v Pearce - Co-habitees do not fall within S80 (3), which relates to when a wife is compelled to give evidence against her husband. Co-habitees are competent and compellable in all cases (S53 YJCEA 1999)

Accepted Answer

A)  If the defendant has assaulted them
B)  If the co-habitee is the defendants father
C)  If the co-habitee is under 16 years old
D)  If the co-habitee has been in relationship with the defendant for over 15 years
E)  All of the above

Question 6

When is a witness with a cognitive or learning disability not competent to give evidence? Under S53 of the YJCEA 1999, are witnesses are presumed to be competent unless it is showin that they are unable to understand the questions put to them and unable to give answers that can be understood.

Accepted Answer

The answer of When is a witness with a cognitive...

Question 7

When is a spouse compelled to give evidence against the accused? A spouse is only compellable un the limited circumstances provided for in section 80 (3) of the YJCEA 1999.

Accepted Answer

A)  The defendant is accused of raping her
B)  If the husband physically attacks their 17 year old daughter
C)  The husband is accused or sexually abusing their 10 year old son
D)  The husband stole from the local supermarket
E)  All of the above

Question 8

Provided they are competent, who CANNOT be compelled to give evidence? S80 (2) PACE makes a wife compellable for the prosecution if the offence is specificied in S80 (3)

Accepted Answer

A)  The defendants neighbour
B)  The ex-spouse of the accused
C)  The 16 year old child of the defendant
D)  The mentally disabled mother of the defendant
E)  The defendants wife, when the defendant is charged with assailting her

Exam 3: Witnesses I: Competency and Compellability

When will a witness not give sworn evidence in court? S55 YJCEA 1999 provies a witness need not give sworn evidence if they are under the age of 14,they do not have an appreciation of the solemnity of the occasion and lack the particular responsibility to tell the truth involved in taking an oath.

Which section establishes that a defendant is not comeptent as witness for the prosecution? S53 (4) YJCEA 1999 provides that a witness is not competent to give evidence against himself for the prosecution. The prosecution may only question the defendant during cross-examination.

Provided they are competent, who CANNOT be compelled to give evidence? S80 (2) PACE makes a wife compellable for the prosecution if the offence is specificied in S80 (3) .

A co-habitee is compellable in which of the following situations? R v Pearce - Co-habitees do not fall within S80 (3) , which relates to when a wife is compelled to give evidence against her husband. Co-habitees are competent and compellable in all cases (S53 YJCEA 1999)

When is a witness with a cognitive or learning disability not competent to give evidence? Under S53 of the YJCEA 1999, are witnesses are presumed to be competent unless it is showin that they are unable to understand the questions put to them and unable to give answers that can be understood.

When is a spouse compelled to give evidence against the accused? A spouse is only compellable un the limited circumstances provided for in section 80 (3) of the YJCEA 1999.

Provided they are competent, who CANNOT be compelled to give evidence? S80 (2) PACE makes a wife compellable for the prosecution if the offence is specificied in S80 (3)