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Write 8 pages thesis on the topic law of evidence issues. A child witness under the age of 16 would automatically qualify as a vulnerable witness4 especially when complaining about a sexual offense. S
Write 8 pages thesis on the topic law of evidence issues. A child witness under the age of 16 would automatically qualify as a vulnerable witness4 especially when complaining about a sexual offense. Such a witness can be called to appear personally in Court through a Special measures Direction, whereby the witness may be allowed to provide testimony via video, or from behind a protective screen or over a live television link.6 Thus, in this instance, although the children may not be compellable, the Court may be able to call for them to be witnesses, by allowing them special protection when they are doing so. But it also appears likely that this may apply only in the case of Lisa. Indira is only 4 years old, hence there is a reduced capacity for understanding, but in the case of R v McPherson7, it was held that a child that can speak and understand basic English with strangers will be competent.
Frank would also be classed as incompetent as a witness for the prosecution. According to the Criminal Evidence Act of 1898, “ a person charged in criminal proceedings shall not be called as a witness in the proceedings except upon his own application.
