Overview - Exceptions to the Rule On Competence and Compellability in Criminal Proceedings
- Incompetent as prosecution witness unless the accused is ceased to be accused.
-Consider referring to s1(1) Criminal Evidence Act 1989 and s53(4) Youth Justice and Criminal Evidence Act 1999
The spouse of the accused
-s53(1) Youth Justice and Criminal Evidence Act 1999 the spouse of the accused is competent.
-s80(3) Police and Criminal Evidence Act 1984, the spouse of the accused has limited compellability
Vulnerable Witness ( inclusive of Children)
-referring to special measures as in s16 Youth Justice and Criminal Evidence Act 1999
-referring to s55(2) Youth Justice and Criminal Evidence Act 1999 for unsworn evidence.
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