Competence and compellability of witnesses in criminal proceedings


Published by a ÑÇÖÞÉ«ÇéÍø Corporate Crime expert
Practice notes

Competence and compellability of witnesses in criminal proceedings


Published by a ÑÇÖÞÉ«ÇéÍø Corporate Crime expert

Practice notes
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Competency—general rule

The most common way for evidence to be adduced is through the testimony of a witness. A witness is said to be competent if they can, as a matter of law, be called by a party to give evidence. All people are deemed competent to give evidence, whatever their age, at every stage in criminal proceedings, with two exceptions:

  1. •

    a person is not competent to give evidence in criminal proceedings if it appears to the court that they are not able to understand questions put to them as a witness and give answers to them that can be understood

  2. •

    a person charged in criminal proceedings is not competent to give evidence in the proceedings for the prosecution (whether they are tried alone or with a co-accused) (see further below: The accused—evidence on behalf of the prosecution)

There are no presumptions or preconceptions tied into this statutory test. There can be no challenge to competence based on chronological age or mental capacity, for example, without demonstrating that the person in question

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
special measures definition
What does special measures mean?

measures which can be put in place to provide protection or anonymity to a witness (eg a screen separating a witness from the defendant);

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