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Hello, I am looking for someone to write an article on Law of Evidence 2 Assignment 2007/2008. It needs to be at least 2500 words.
Hello, I am looking for someone to write an article on Law of Evidence 2 Assignment 2007/2008. It needs to be at least 2500 words. Where the witness is under the age of 14 s55 of the Act removes the requirement for the oath or affirmation. Where it is necessary for the evidence to be given on oath the manner in which the oath is administered must conform to the requirements of s1 of the Oaths Act 1978. In circumstances where the witness objects to the oath or is physically incapable of taking the oath can affirm or swear in the manner prescribed by any other religion1. The courts will accept such affirmations so long as the courts are of the opinion that the manner used is binding on the conscience of the individual2.
There are very few people who would be regarded in law as unable to testify. In general terms the inability to testify is applicable in the case of child witnesses. For a child to testify the court has to be satisfied that the child understands the significance and the nature of the oath.
Every person in the kingdom except the sovereign may be called upon and is bound to give evidence to the best of his knowledge upon any questions of fact material and relevant to an issue tried in the Queen’s courts, unless he can shew some exception in his favour.
A defendant cannot be compelled to give evidence in court, but a refusal to give evidence can lead to the court drawing adverse inferences from the refusal. Defendants cannot be compelled to give evidence in court. however, those who opt not to testify can have adverse inferences drawn from their refusal. Under the Criminal Evidence Act 1898 both the judge and counsel used to be allowed to comment on a defendant’s refusal to testify, although the judge also had a duty to warn the jury that they are not entitled to infer guilt on the basis of the silence of the defendant at trial5. With the introduction of the Criminal Justice and Public Order Act 1994 s35(3) such adverse inferences can be drawn by the jury where the defendant refuses to testify.
