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15.   Evidence of children

Revised Laws of Saint Lucia (2021)

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15.   Evidence of children

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    (1)   Where a child who is 12 years of age or more is presented as a witness in proceedings, the court shall presume that the child is competent to give evidence and no inquiry into the competence of the child is required unless the judge has reason to believe that the child is unable to understand questions or provide intelligible answers.

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    (2)   In determining the competence of a child pursuant to subsection (1), the court shall consider whether—

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      (a)     the child is possessed of sufficient intelligence to justify the reception of his or her evidence; and

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      (b)     the child is competent to know the nature and consequences of giving false evidence and to know that it is wrong,

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    and if the court so finds, it shall permit the child to give evidence upon swearing an oath or making an affirmation in accordance with the Oaths and Affirmations Act.

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    (3)   Where a child who is less than 12 years of age is presented as a witness in proceedings, the court shall conduct an inquiry to determine if, in its opinion, the child is possessed of sufficient intelligence to justify the reception of his or her evidence, and understands that he or she should tell the truth and, where the court so finds, it shall permit the child to give evidence upon stating:

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    “I promise to tell the truth”.

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    (4)   A person charged with an offence may be convicted upon evidence admitted under subsection (2) or (3) but, in a trial by jury of a person so charged, the court may warn the jury of the danger of acting on such evidence unless they find that the evidence is corroborated in some material particular by, other evidence implicating that person. (Amended by Act 16 of 2006 and Act 14 of 2011)

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    (5)   A child whose evidence has been received under subsection (3) is liable to be convicted of perjury in all respects as if he or she had given the evidence on oath or affirmation.

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    (6)   The evidence of a child, though not given upon oath, but otherwise taken and reduced in writing as a deposition, shall be deemed to be a deposition to all intents and purposes.

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    (7)   Nothing in this section limits or affects any rule of law that prevents a person from being convicted of an offence upon uncorroborated evidence.

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