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Murphy on Evidence

Murphy on Evidence (15th edn)

Richard Glover
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date: 12 October 2024

p. 1636. Witnesses

Competence and compellability; oaths and affirmationslocked

p. 1636. Witnesses

Competence and compellability; oaths and affirmationslocked

  • Richard GloverRichard GloverSenior Lecturer, School of Law, University of Wolverhampton

Abstract

This chapter is divided into two parts. The first part discusses the law on witness competence and compatibility. The general rule of law in England and Wales is that all witnesses, including children, are competent (able to give evidence) and witnesses are also compellable (liable to be required to give evidence subject to sanction for contempt). Particular rules apply to children and persons under disability, the accused in a criminal case, and spouses and civil partners. The second part deals with oaths and affirmations, covering the requirement of sworn evidence; the effect of oaths and affirmations; and exceptions to the requirement of sworn evidence.

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