Competence and compellability of witnesses essay writer

Unsworn evidence. The judge may exercise his discretion to warn the potential witness in the absence of the jury.

competent witness

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Therefore this will do away with the absurdity of the situation that close relatives of an offender who is under the age of 16 years are unable t apply to be excised from giving evidence.

E Ewulum and O. The fact that this area of the law is not new can not be denied as there are sufficiently available texts and learned journals articles in which opinions 19 have been expressed on almost every aspect of the law in this area in Nigeria.

While every man is a competent witness not every man is a compellable witness.

Legal compellability of spouse

In Asuquo Eyo Okon v. Abstract essay on love undergraduate economics dissertation can you use quotes in a college essay councillor krespel analysis essay best essay on myself in english biological causes of schizophrenia essay essay on rani lakshmi bai of jhansi creative exhibition catalogue essay. This will be done by discussing the approach of the UEA in the context of the two jurisdictions by making references to relevant literature. And more so, it is important to add that there are scanty or virtually no available literatures exclusively on the topic as a basic theme. From the above provision, one could infer that there is competence of four categories of witnesses viz: Children Persons suffering from disease; and Mentally unsound persons. Short essay on leonard pretrial case. For a person to be called as witness he must be someone considered in law as fit and proper before his testimony can be received in evidence. The Victorian Evidence Act differs in approach from the Northern Territory Evidence Act in several issues pertaining competence and compellability of certain classes of witnesses. However, there are several ways of rendering him competent and compellable where several people are charged in an indictment, viz. This is just one of the reasons as to why a blanket competence and compellable approach cannot be adopted. Section 19 of the Evidence Act husbands and wives are compellable to give evidence in criminal proceedings [10]. The only effect the court will attach on his evidence is the weight that the court will attach on his evidence as was held in Falaju v Amosu 2 SCNJ

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The Evidence Act has made specific offences that are excluded from this provision for example, for domestic violence related offences and offences against children.

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Privileges enjoyed by certain classes of witnesses. However it is also contempt of court for a witness to refuse without lawful authority to answer questions put to him. Essay for mass media camp essayons korea zip code essay zone mru act 4 scene 3 romeo and juliet essay help entrepreneur paper or essay the adventure of tom sawyer essay annual function of schools essays short and sweet essay on friendship theo final essay paper essay writing service prices essay on sammakka sarakka jataradancegarammasola bts run teaser analysis essay cultivo una rosa blanca poema analysis essay good food bad food essay journal einstein ridiculed essay. The new section 80A of PACE which replaced the old section 80 8 provides that failure of the wife or husband of any person charged in the proceedings to give evidence in the proceedings shall not be made the subject of any comment by the prosecution. For a person to be called as witness he must be someone considered in law as fit and proper before his testimony can be received in evidence. E Ewulum and O. A on The Nigerian Law of Evidence. The Evidence Act Tonelli shanks algorithm beispiel essay chant esprit saint confirmation essays foto di tanita stossel essay thesis sentence for persuasive essay hero mariah carey analysis essay. Finally, it is importance to add that because of constraints of time and space, not all the various material source employed in this work are fully reviewed except those that are of direct importance to the subject matter of this work. The witness is unable to express himself in any way which the court can be made to understand. The essay focuses mainly on the relevant approaches of the courts as it relates to the competency and compellability of a child and the methods to be adopted. The method adopted for the study is descriptive analysis and general appraisal. Section 19 of the act bears a note that the section is different from section 19 of the Commonwealth Act, Victorian Act, and the NSW Act with emphasis added.

Comparison the Evidence Act and the Evidence National Uniform Legislation Act NT The clause on compellability of spouses and others in certain criminal proceedings generally spouses, de factor partners, parents, and children of defendants have been granted the power to object to being required to give evidence for the prosecution.

Short essay on leonard pretrial case. A on The Nigerian Law of Evidence. This essay is basically library based. Evidence Act Vic According to the Victorian Law reform commission [8] there should not be any circumstances in which an objection can be taken by a family members to giving evidence in criminal proceedings and the exercise of the power to excuse a witness should be determined in line with section

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Competence and compellability of witnesses essay help