ABSTRACT
Any question as to whether a witness in criminal proceedings is competent may be raised by either a party to the proceedings or by the court of its own motion (that is, by the judge, even if none of the parties raises the issue). If such a question arises, the procedure set out in s 54 will be followed. It is for the party calling the witness to satisfy the court that, on a balance of probabilities, the witness is competent (s 54(2)). It should be noted that this civil standard applies to both the defence and prosecution. The issue must be determined in the absence of the jury, if there is one (s 54(4)). Expert evidence may be received on the question (s 54(5)). Any questioning of the witness, where the court considers that necessary, shall be conducted by the court in the presence of the parties (s 54(6)). In other words, the potential witness will not be submitted to examination and cross-examination by counsel, but may be questioned by the judge.
