Competence and Compellability Flashcards
What is the difference between competence and compellability?
Competence = ability to give evidence; Compellability = ability to be forced to testify if competent.
Can an incompetent witness be compelled?
No, compellability is dependent on competence.
What is the general rule for giving oral evidence?
Must be given on oath or affirmation.
(Mapp v Gilhooley [1991]).
What makes a witness competent?
Ability to understand the oath and give intelligible testimony.
Who determines competence?
The trial judge.
(People (AG) v Kehoe [1951]).
Can children give unsworn evidence?
Yes, if capable of giving an intelligible account.
(s.27 Criminal Evidence Act 1992).
Is belief in God required for a child to take the oath?
No.
(R v Hayes [1977]).
What was the test in R v D [1995] for child competence?
Ability to understand questions and give a coherent account.
What did s.28 of the Criminal Evidence Act 1992 abolish?
Mandatory corroboration and warnings about child evidence.
Is a spouse automatically competent to testify for the prosecution?
Yes, per s.21 Criminal Evidence Act 1992, unless charged in the same case.
When is a spouse compellable to testify for the prosecution?
Only in cases involving violence/sexual offences against family/child.
(s.22 Criminal Evidence Act 1992).
Are former spouses compellable?
Yes, unless jointly charged and still liable.
(s.25 Criminal Evidence Act 1992).
What case ruled spousal incompetence outdated and potentially unconstitutional?
DPP v JT (1988).
Can vulnerable witnesses testify via TV link?
Yes, under s.13 Criminal Evidence Act 1992.
Does the Irish Constitution guarantee a right to confront accusers face-to-face?
No.
(White v Ireland [1995]; Donnelly v Ireland [1998]).
Can prior inconsistent statements be admitted if a witness refuses to testify?
Yes, under s.16 Criminal Justice Act 2006 if criteria are met.
Are judges compellable witnesses?
No, regarding judicial duties.
(Warren v Warren [1997]).
Are bankers compellable to produce books in court?
Only with a special judge’s order.
(Bankers’ Books Evidence Act 1879).
Do diplomats have witness immunity?
Yes, under the Diplomatic Relations and Immunities Act 1967.
