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CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 57

Evidence of child of tender years without oath.

57.(1) Subject to subsection (2), where, in any proceedings against any person
for any offence, any child of tender years called as a witness does not in the
opinion of the court understand the nature of an oath, his evidence may be
received, though not given upon oath, if, in the opinion of the court, he is
possessed of sufficient intelligence to justify the reception of the evidence,
and understands the duty of speaking the truth; and his evidence, though not
given on oath, but otherwise taken and reduced into writing in accordance with
the provisions of the Magistrates' Courts Act (Northern Ireland) 1964 and any
rules made thereunder or of this Part, shall be deemed to be a deposition
within the meaning of those provisions.

(2) Where evidence admitted by virtue of this section is given on behalf of
the prosecution, the accused shall not be liable to be convicted of the
offence unless that evidence is corroborated by some other material evidence
in support thereof implicating him.

(3) If any child whose evidence is received as aforesaid wilfully gives false
evidence in such circumstances that he would, if the evidence had been given
on oath, have been guilty of perjury, he shall be guilty of an offence and
shall be liable on summary conviction to be dealt with as if he had been
summarily convicted of an indictable offence punishable in the case of an
adult with imprisonment.

© 1968 Crown Copyright

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