7. Competence and compellability. Special Measures

Abstract

This chapter focuses on the competence and compellability of witnesses in criminal and, in outline, in civil trials. It explains the main criminal law exceptions in relation to competence and universal compellability. It gives details on the complex and controversial position under section 80 of the Police and Criminal Evidence Act 1984. The chapter outlines the Special Measures Directions (SMD) available under the Youth Justice and Criminal Evidence Act 1999 for vulnerable non-defendant witnesses in criminal trials and the more limited measures for vulnerable defendants. It concludes with an outline of the Criminal Evidence (Witness Anonymity) Act 2008.