On this page:

• Are all witnesses considered competent to give evidence?

• How is competence assessed?

• Defendants giving evidence for the prosecution

• Can all witnesses be compelled to give evidence?

• How can a witness be compelled to give evidence?

Are all witnesses considered competent to give evidence?

To give evidence at trial a witness must be considered competent to do so.

All witnesses are considered competent to give evidence (whatever their age), except for:

• People who are unable to understand the questions they will be asked as a witness and give answers that can be understood;

• Defendants as witnesses for the prosecution, even if the prosecution wanted to use them to give evidence against a co-accused.

The legislation is contained in s.53 of the Youth Justice and Criminal Evidence Act 1999.

There is a helpful section on Competence at paragraphs 36 to 40, page 56 of the Equal Treatment Bench Book.

How is competence assessed?

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