Magistrates’ Courts Act 1980 (c. 43)

Part IV E+W Witnesses and Evidence

Evidence in criminal cases E+W

[F1 103 Evidence of persons under 14 in committal proceedings for assault, sexual offences etc. E+W

(1) In any proceedings before a magistrates’ court inquiring into an offence to which this section applies as examining justices—

(a) a child shall not be called as a witness for the prosecution; but

(b) any statement made by or taken from a child shall be admissible in evidence of any matter of which his oral testimony would be admissible,

except in a case where the application of this subsection is excluded under subsection (3) below.

(2) This section applies—

(a) to an offence which involves an assault, or injury or a threat of injury to, a person;

(b) to an offence under section 1 of the M1 Children and Young Persons Act 1933 (cruelty to persons under 16);

(c) to an offence under the M2 Sexual Offences Act 1956, the M3 Indecency with Children Act 1960, the M4 Sexual Offences Act 1967, section 54 of the M5 Criminal Law Act 1977 or the M6 Protection of Children Act 1978; and

(d) to an offence which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within paragraph (a), (b) or (c) above.

(3) The application of subsection (1) above is excluded—

(a) where at or before the time when the statement is tendered in evidence the defence objects to its admission; or

(b) where the prosecution requires the attendance of the child for the purpose of establishing the identity of any person; or

(c) where the court is satisfied that it has not been possible to obtain from the child a statement that may be given in evidence under this section; or

(d) where the inquiry into the offence takes place after the court has discontinued to try it summarily and the child has given evidence in the summary trial.

(4) Section 28 above shall not apply to any statement admitted in pursuance of subsection (1) above.

(5) In this section “child”means a person under the age of 14.]

Textual Amendments

F1 S. 103 substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 33, 123(6), Sch. 8 para. 16

Marginal Citations

M1 1933 c. 12 (20).

M2 1956 c. 69 (39:5).

M3 1960 c. 33 (39:5).

M4 1967 c. 60 (39:5).

M5 1977 c. 45 (39:5).

M6 1978 c. 37 (39:5).