The prosecution wishes to call 12 year old Mathis to give evidence in a burglary trial. What needs to be done
As he is under 14 years of age, Mathis must give unsworn
evidence, s55(2) YJCEA 1999. If Mathis was at least 14 years old, the court could consider
whether he should give sworn evidence. If this is in doubt, the court would determine whether
Mathis has sufficient appreciation of the solemnity of the occasion and the responsibility to tell
the truth under oath (s. 55(2) YJCEA 1999). As Mathis is under 14 years old, he cannot give
sworn evidence, so answer D is incorrect. If there is any question about Mathis’s competence to
give evidence, the prosecution must satisfy the court on the balance of probabilities that he is
competent (s. 54(2) YJCEA 1999). There is no obligation to prove competence to the criminal
standard. Once he is shown to be competent, the common law dictates that Mathis’s is a
compellable witness.
