R v Barker

A very young child can be a competent witness if she can understand questions and give intelligible answers, and the trial process must be adapted to enable children to give their best evidence.

Citation
[2010] EWCA Crim 4
Court
Court of Appeal (Criminal Division)
Year
2010
Subject
Evidence
Topic
Witnesses, identification and expert evidence

Facts

Barker was charged with the rape of a very young girl, who gave evidence at the age of four and a half, by video recorded interview and live link cross examination. The defendant argued that the child should not have been found competent to give evidence, because of her young age, and that her evidence was unreliable.

Legal principle

The Court of Appeal dismissed the appeal. Lord Judge CJ said that the test of competence under section 53 of the Youth Justice and Criminal Evidence Act 1999 is whether the witness is able to understand questions put to him as a witness and give answers to them which can be understood, and that there is no age below which a child is automatically incompetent. The question of competence must be decided by reference to the individual child, and the trial process must cater for the needs of child witnesses, including by adapting the style of questioning. The jury had been entitled to accept the child's evidence.

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