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.
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.
Related cases on witnesses, identification and expert evidence
- Jones v Kaney [2011] UKSC 13, [2011] 2 AC 398
- Kennedy v Cordia (Services) LLP [2016] UKSC 6, [2016] 1 WLR 597
- R v Cannings [2004] EWCA Crim 1
- R v Clark (Sally) [2003] EWCA Crim 1020
- R v Dallagher [2002] EWCA Crim 1903
- R v Davis [2008] UKHL 36, [2008] 1 AC 1128
- R v Forbes [2001] 1 AC 473
- R v Lucas [1981] QB 720
Studying evidence? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.
This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
