When Will a Witness Not Give Sworn Evidence in Court

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Examlex · Accepted Answer

The Answer is Under Section 55 of the Youth Justice and Criminal Evidence Act (YJCEA) 1999, there are specific circumstances in which a witness will not be required to give sworn evidence in court. According to this provision, a witness will not give sworn evidence if:

1. They are under the age of 14: The law recognizes that very young witnesses may not fully understand the implications of taking an oath or making an affirmation.

2. They do not have an appreciation of the solemnity of the occasion: This means that if a witness, regardless of age, does not grasp the seriousness of the court setting and the importance of the proceedings, they may be exempt from giving sworn evidence.

3. They lack the particular responsibility to tell the truth involved in taking an oath: This refers to the understanding that when taking an oath or affirmation, there is a moral and legal obligation to tell the truth. If a witness is unable to comprehend this responsibility, perhaps due to cognitive impairments or developmental issues, they may not be required to give evidence under oath.

In such cases, the court may still allow the witness to give unsworn evidence. However, the weight given to this evidence may be considered differently than evidence given under oath, and the court will take into account the reasons why the witness did not give sworn evidence when evaluating the testimony.

When Will a Witness Not Give Sworn Evidence in Court

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