Prevention of Cruelty to, and Protection of, Children Act 1889

8 Evidence of child of tender years.

Where, in any proceeding against any person for an offence under this Act, the child in respect of whom the offence is charged to have been committed, or any other child of tender years who is tendered as a witness, does not in the opinion of the court understand the nature of an oath, the evidence of such child may be received, though not given upon oath, if, in the opinion of the court, such child is possessed of sufficient intelligence to justify the reception of the evidence, and understands the duty of speaking the truth. And the evidence of such child, though not given on oath or affirmation, but otherwise taken and reduced into writing, in accordance with the provisions of section seventeen of the [11 & 12 Vict. c. 42.] Indictable Offences Act, 1848, or of section fourteen of the [14 & 14 Vict. c. 93.] Petty Sessions (Ireland) Act, 1851, shall be deemed to be a deposition within the meaning of those sections :

Provided that—

(a) A person shall not be liable to be convicted of the offence unless the testimony admitted by virtue of this section and given on behalf of the prosecution, is corroborated by some other material evidence in support thereof implicating the accused ; and

(b) Any child whose evidence is received as aforesaid, and who shall wilfully give false evidence, shall be liable to be indicted and tried for such offence, and on conviction thereof may be adjudged such punishment as is provided for by section eleven of the [41 & 42 Vict. c. 49.] Summary Jurisdiction Act, 1879, in the case of juvenile offenders.