Statutes of Newfoundland 1995 Chapter 34

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Statutes of Newfoundland 1995

CHAPTER 34 CHAPTER 34

AN ACT TO AMEND THE EVIDENCE ACT
(Assented to December 21, 1995)

Analysis

1. S.18 R&S
18. Admissibility of child's evidence
18.1 Corroboration not required

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSN 1990 cE-16 as amended

1. Section 18 of the Evidence Act is repealed and the following substituted:

Admissibility of child's evidence

18. (1) A child's evidence is admissible if,

(a) he or she promises to tell the truth; and

(b) the court is of the opinion that the child understands what it means to tell the truth and is able to communicate the evidence.

(2) When it is necessary to establish whether a child is competent to give evidence, the court may conduct an inquiry to determine whether, in its opinion, the child understands what it means to tell the truth and is able to communicate the evidence.

(3) If a child does not promise to tell the truth, or if the court is of the opinion that the child does not understand what it means to tell the truth, his or her evidence may still be admitted if the court is of the opinion that it is sufficiently reliable.

18.1 (1) Evidence given by a child need not be corroborated.

(2) The judge shall not instruct the jury that it is unsafe to rely on the uncorroborated evidence of a child.

(3) Subsection (2) does not affect the judge's discretion to comment on the evidence.