COMPETENCE AND COMPELLABILITY: THE ADMISSIBILITY OF CHILD EVIDENCE

Abstract

This research focuses on the competence, compellability, and admissibility of child evidence. This study stands to discuss the legislation that govern and regulates the admissibility of child evidence. This study is streamlined to the Evidence Act of 2011. This study explains competence, compellability, and gives the various provisions of the Evidence Act of 2011. This study examines who a child is under the law, explains the testimony of a child in both civil and criminal proceedings. This study will show the full inquiry test, the preliminary test and expresses the need and importance of a child to know and understand the nature of an oath before giving evidence. This study explains the role of the courts in admitting child evidence, certifying that the child possess sufficient knowledge and understands the value of speaking the truth. This study further recommends that the future legislation should be put in place to conform to international practices. This study concludes that the Evidence Act of 2011 is a good legislation in a right direction but further amendments is imperative to the admissibility of child evidence.

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urn:uuid:26f75ec4-6f14-40fe-9e1e-2de1d285fc93