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(1)After section 33 of the 1988 Act there shall be inserted the following section—
(1)A child’s evidence in criminal proceedings shall be given unsworn.
(2)A deposition of a child’s unsworn evidence may be taken for the purposes of criminal proceedings as if that evidence had been given on oath.
(3)In this section “child” means a person under fourteen years of age.”
(2)Subsection (1) of section 38 of the 1933 Act (evidence of child of tender years to be given on oath or in certain circumstances unsworn) shall cease to have effect; and accordingly the power of the court in any criminal proceedings to determine that a particular person is not competent to give evidence shall apply to children of tender years as it applies to other persons.
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