ABSTRACT

This chapter dealswith the rules relating to those circumstanceswhen awitness is reluctant to divulge information or to testify in court at all. As a starting point, we consider the rules relating to competence andcompellabilityofwitnesses. The term ‘competency’ is concerned with who may lawfully testify as a witness, whereas the term ‘compellability’ is concerned withwhomaybe lawfully obliged to testify. The chapter thenproceeds to examine the closely related issue of the privilege against self-incrimination, which concerns the extent to which suspects and accusedpersons can bemade to produce evidence against themselves. Finally, we consider the effects of remaining silent in response to questioning.