§ Ian LucasTo ask the Secretary of State for the Home Department what plans he has for reform of the law relating to the competence and compellability of witnesses in court proceedings. [81469]
§ Hilary Benn[holding answer 26 November 2002]There are no plans to reform the law relating to the compellability of witnesses in court proceedings.
Under section 53 of the Youth Justice and Criminal Evidence Act 1999, the general presumption is that at every stage in criminal proceedings all persons, whatever their age, are competent to act as witnesses and give evidence unless it appears to the court the person in question cannot understand the questions put to him and give answers to the court that can be understood.
When considering the competence of a person to be a witness the court should take into consideration whether the quality of the person's evidence can be improved by the assistance of special measures, in particular the use of aids to communication and intermediaries. The use of aids to communication for vulnerable or intimidated witnesses was implemented in the Crown courts on 24 July 2002 and the implementation of the use of intermediaries will be considered following the evaluation of pilot projects which are due to commence next year.
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