PART VCOMPETENCE OF WITNESSES AND CAPACITY TO BE SWORN
Competence of witnesses
Determining competence of witnesses32
1
Any question whether a witness in criminal proceedings is competent to give evidence in the proceedings, whether raised—
a
by a party to the proceedings, or
b
by the court of its own motion,
shall be determined by the court in accordance with this Article.
2
It is for the party calling the witness to satisfy the court that, on a balance of probabilities, the witness is competent to give evidence in the proceedings.
3
In determining the question mentioned in paragraph (1) the court shall treat the witness as having the benefit of any directions under Article 7 which the court has given, or proposes to give, in relation to the witness.
4
Any proceedings held for the determination of the question shall take place in the absence of the jury (if there is one).
5
Expert evidence may be received on the question.
6
Any questioning of the witness (where the court considers that necessary) shall be conducted by the court in the presence of the parties.