Competence & Compellability

From Uni Study Guides
Revision as of 21:26, 18 August 2014 by Admin (Talk | contribs)

(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)
Jump to: navigation, search

This article is a topic within the subject Court Process, Evidence and Proof.


Competence refers to the ability of a witness to give evidence. Compellability refers to the ability of the court to compel a competent witness to give evidence (ie, by threatening it with being held in contempt of court).

  • Competence and compellability are both presumed - ie, unless challenged everyone is assumed to be competent to give evidence (s 12 (a)) and compellable by the court (s 12 (b)).
  • s 13 deals with the exception to competence and compellability:
    • Subsection 1 describes the exception - a person is not competent if he is unable to understand a question (a) or give an answer (b) and that capacity could not be overcome in some way (eg, such as a translator).

Sorry! This section is still incomplete. If you wish to help us, please click here.


This is the end of this topic. Click here to go back to the main subject page for Court Process, Evidence and Proof.


Personal tools