The defendant appealed against his conviction after the judge had admitted evidence, judging it proper to admit the evidence in the light of the section which was not yet in force. The complainant was an elderly lady suffering from Alzheimer’s, the allegation was of rape, and it was sought to admit her video evidence.
Held: The judge had applied the test of incapacity from the section, namely that a person was not competent to give evidence in criminal proceedings if it appeared to the court that he was not a person who was able to understand the questions put to him as a witness and give answers to them which could be understood. That test was the correct test, even if the section was not yet in force.
Complainant with Alzheimer’s disease – competence as a witness -admissibility of video testimony
Lord Justice Waller, Mr Justice Pitchers and Judge Crawford, QC
Times 21-May-2002, Gazette 07-Jun-2002
Youth Justice and Criminal Evidence Act 1999 53(3)
England and Wales
Criminal Evidence
Updated: 23 December 2021; Ref: scu.171199
