Competence & Compellability:

Competence & Compellability:

Post YJCEA 1999 law is much simpler Murphy on Evidence

s.53 all persons competent to give deduction except… only competent witnesses are compellable except the accused his/her spouse

DPP v M - child of four might be acceptable if unadorned compare to R v Sparks (1964) hearsay evidence of a girl of three but under DPP v M could perhaps have given evidence herself

G v DPP court doesnt need expert testimony with escort to childs competence it is a matter for the court

to begin with s80 of PACE spouse rarely competent and never compellable

R v Pearce 2002 provisions only apply to spouses not children or unwed partners - ?discrimination/incompatibility with ECHR (gays)

Civil ex-spouse incompetent for spot of marriage.
Criminal s80(5) PACE ex-wife = never been married R v Cruttenden

CEA 1891 s.1
YJCEA s.53-56
PACE s.80-80A

R v Wallwork (1958) girl complained to Gmum about IA from Gdad Gmums testimony accepted w/out little girl

credential:

S32 CJPOA abolished the need for corroboration

R v Baskerville (1916) relevant, admissible and credible evidence, originating from a source independent of the witness requiring corroboration, and implicating the accused in a material particular

RTA 1984 s.



89 excessive speed requires more than genius witness (obviously doesnt include a radar shooter etc, as this is fact evidence)

Treason Act 1895 two or more witnesses for High Treason

s.13 Perjury Act 1911

Childrens evidence doesnt require corroboration or a warning

R v Mananjuola (1995) - corroboration warning discretion of the assess no need to take special care with sexual offense complainants and their evidence

R v Turnbull (1977) judge should warn jury against relying completely on id evidence mistakes can be made and should shade at quality of evidence if id is too poor judge should remove jury and acquit defendant

Burden/Standard of cogent evidence:

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