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Competence and compellability under the Evidence Act of Nigeria Abstract The issue of who is eligible to testify in any civil or criminal matter is often a front burner question for every litigation based legal practitioner. While there is a general provision that everyone is competent to testify, the question remains whether there are people who are not competent to testify and if there are.
In the event that the witness’ competence is challenged S54 YJCEA lays down the procedure for the court to decide the case. The court will be looking to ensure that the witness can understand the questions put to the witness and likewise the witnesses answers can also be understood s53 (3) YJCEA 1999. The court may also rule on whether there is need for any special measure before it rules as.
Competence and Compellability of Witnesses. STUDY. Flashcards. Learn. Write. Spell. Test. PLAY. Match. Gravity. Created by. Jessicalouise29. Terms in this set (42) Competent witness. If the person is able to understand questions and give answers which can be understood. Compellable witness. If a person is required to give evidence in court. Who has to satisfy the witness is competent? The.
What Exactly Is The Law Of Evidence Law General Essay. What are the differences in civil or criminal proceeding by determining competent and compellability? If a person is a competent witness, he may give evidence at the instance of the party calling him if he wishes but the exceptions to the general rule include children, persons of defective intelligent and the accused as a prosecution.
Ss. 118 to 121 and S.133 deal with the competency of the persons who can appear who can appear as witnesses. COMPELLABILITY OF A WITNESS-A witness may be competent and yet not compellable he may have the power of understanding the question and may be able to give rational answers thereto, but may not be subject to the authority of the court; that is to say the court cannot compel him to attend.
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Competence and Compell. My Searches (0) Print; Save; Cite; Email; Share Show Summary Details. Competence and Compellability; The Oath or Affirmation; Language; Corroboration; Opinion Evidence; The Examination of Witnesses; Refreshing Memory from Documents; Character Evidence; Special Measures in Respect of the Testimony of Vulnerable Witnesses; Close section Chapter 3: The Accused.
Competence and Compellability 2. Manner of Questioning Wit nesses 3. Credibility 4. Character: Study Papers prepared by the Law of Evidence Project Manner of Questioning Wit nesses 3. Credibility 4.
Competency of Witnesses. The competency of a witness depends upon the circumstances that exist when the testimony is given. Age, mental power, and capacity to understand the nature and obligation of an oath are the tests that determine the competency of a witness. An expert witness should possess special knowledge of the subject on which the jury’s knowledge would be inadequate without.
Question: Assess the Law with respect to the competence and compellability of spouses in criminal proceedings. Answer: This assignment considers the law respecting the competence and compellability of spouses in criminal proceedings and whether subsequent reform regarding the compellabilty of the spouse is justified The suitability of the law.
Study 18 6) Competence and Compellability of Witnesses flashcards from Wankumbu S. on StudyBlue.
See also: Competence and Compellability. Competence refers to the ability of a person to give testimony in an reliable and truthful manner. This is specifically means the witness has: the capacity to observe (including interpretation); the capacity to recollect; and; the capacity to communicate. Presumptions for Capacity and Incapacity.
The possible danger here is that it could lead to unequal treatment of spouse witnesses and accused due to the differences in the exercise of discretion by the judges. Prosecutors should also recognise that the competence of a witness is a separate issue to that of the mental capacity of a witness. Whilst marriage may have a beneficial effect on society, it assumes that in some cases, the.
Witness Evidence Defendant Introduction. There are several evidential issues that arise in the above scenario. In order to be able to advise on the reliability of the various witnesses above it is necessary to consider the law regarding compellability and competence, as well as the usage of circumstantial evidence and the age and mental capacity of the witness.
The competence of a witness determines whether he would be heard by a court to give evidence and compellability depends on the question whether a witness has a legal obligation to give evidence if called upon to do so and which the court can enforce upon. When a court lawfully receives his evidence, the witness is said to be competent and when the court may require him to give evidence over.
However, some people lack competence because of undeveloped or impaired mental ability. (11) In terms of section 193 of the Act any question concerning the competence and compellability of the witnesses shall be decided by the Court in which criminal proceedings are conducted. The Court must decide all the questions relating to the competence.
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Witnesses compellable for the defence.12 The spouse then, by section 4(1), is a compe- tent and compellable witness for the defence and remains incompetent for the prosecution except as set out later in the subsections of section 4.