ABSTRACT

Competence refers to a person having the legal ability to give evidence. Compellability refers to the issue of being compelled or forced by law to give evidence, and is enforced by ‘contempt of court’ proceedings. In order to enhance the testimony of more vulnerable witnesses the court will, in certain circumstances, allow for evidence to be given by special means, such as live link or pre-recorded. The topic of competence also includes the notion of sworn and unsworn evidence.