Revised Laws of Saint Lucia (2021)

14.   Competence: lack of capacity

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    (1)   Subject to section 15, a person who is incapable of understanding that, in giving evidence, he or she is under an obligation to give truthful evidence is not competent to give evidence.

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    (2)   A person who is incapable of giving a rational reply to a question about a fact is not competent to give evidence about the fact.

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    (3)   Where—

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      (a)     a person is incapable of hearing or understanding, or of communicating a reply to, a question about a fact; and

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      (b)     that incapacity cannot be overcome, or cannot be overcome without undue cost or undue delay,

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    the person is not competent to give evidence about the fact.

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    (4)   Unless it appears otherwise, it shall be presumed that a person is not incompetent by reason of subsection (1), (2) or (3).

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    (5)   Evidence that has been given by a witness does not become inadmissible by reason only that, before the witness finishes giving evidence, he or she dies or ceases to be competent to give evidence.

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    (6)   For the purpose of determining a question arising under this section, the court may inform itself as the court thinks fit.