Lawbasic
Under the rules governing witness competence in criminal proceedings, which functional test determines whether a child is competent to give evidence?
Answer
Whether the child can understand questions put to them and give answers that can be understood
Explanation
The first stage tests the child’s cognitive ability: can the child understand intelligible questions and provide rational answers? Age is relevant to the statutory description given in the notes, but it does not replace this functional assessment. Corroboration is considered only if the child is able to testify unsworn. **Key takeaway:** The cognitive test comes first. **Glossary:** Corroboration: supporting evidence that confirms or strengthens other evidence.
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