Prior statements made by a child may be admitted, where he has been judged unfit to testify. The hearsay evidence rule is relaxed in child welfare proceedings. Similar provisions apply to a person suffering a mental disability. It is a question for the judge or jury, to decide what weight is to be attached to the evidence. The child must be able to give an intelligent account of the matters concerned. In civil proceedings, a similar rule applies under Section 28 of the Children Act 1997. The Criminal Evidence Act allows un-sworn evidence to be given by children under 14. In 1992, the former rule, which required corroboration of a child’s evidence, was repealed. Formerly, children’s evidence was treated with circumspection and suspicion. Children and Mentally Incapable PersonsĬhildren are generally both compellable and competent to give evidence. It also constitutes contempt in the face of the Court and may be dealt with as such, if it becomes evident during the proceedings. It is an offence to give false evidence under oath or to make a false affirmation. The courts may allow non-Christian religious oaths, where they are satisfied that it is binding on the conscience of the witness. The fact that the person swearing the oath has no religious belief and does not believe in it, does not invalidate the proceeding. Evidence by affirmation has the same effect as a religious oath and carries the same liability for perjury.Ī witness’s evidence not given under oath is invalid. Alternatively, a witness may give a solemn affirmation. If the witness is not a Christian or Jewish the oath may be administrated in any manner lawful under the Oaths Act 1909. Oaths and Affirmationīefore giving evidence, a witness swears an oath on the New Testament Bible or the Old Testament, if of the Jewish faith. Failure to give evidence or giving untruthful evidence constitutes contempt of court and the crime of perjury. The person subpoenaed may be attached and committed for wilful disobedience.Ī person summoned must give evidence on oath or affirmation. A failure to comply with a subpoena is contempt of court. There appears to be power to apply to set aside a subpoena, where it has no basis. A subpoena can be issued which requires a person to attend with documents under this control, relevant to the matters in dispute.Ī subpoena must be served on the prospective witness within 12 weeks of issue. Court orders are required in relation to certain cases, including in cases where documents are in the custody of the State. Generally, a court order is not required. The court may on application grant them a greater level of expenses and losses incurred by them.Ī subpoena is applied for by filing an administrative application to the High Court central office. This may be little more than the cost of attendance at court. The person served a subpoena shall be tendered their reasonable expenses for attending. A witness may be procured to attend a trial by a subpoena. Doctors, psychologists and psychiatrists may be called to give evidence as to competence Compelling AttendanceĪ party may call any person who can give relevant evidence, to be a witness. If the competence of a witness is challenged in a jury trial, the matter is heard in the absence of the jury. However, if a witness is challenged, the onus is on the person calling him, to prove his competence. There is a special type of subpoena in civil cases, which requires the witness to attend with documents. The court may make a witness order requiring attendance at trial of persons whose statement has been served on the accused or whose deposition has been taken.Ī witness may be summoned for the purpose of producing documents in civil or criminal cases. In criminal cases, witnesses may be compelled to testify by witness summons. However, they may waive this right and they are then treated as compellable. There are a limited number of witnesses who may not be compelled. Failure to answer would constitute contempt of court. He can be compelled by the court to attend and to answer questions properly put. If he does not attend voluntarily, he may be required to attend by subpoena or a witness summons. A witness may be compelled to testify on behalf of any party to the litigation. Generally, this is not a matter for the Court. The parties to civil litigation decide who they should call as a witness. A challenge may be made to the competence of children and persons suffering from mental disorder to the give evidence. Historically, the test of competence was whether the witness was in a position to understand the nature and consequences of the oath. Generally, any person is competent to give evidence provided he has the ability to give an intelligible account of the matters concerned.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |