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.