1005. Competence.

1005.     Competence.

A person is not competent to give evidence in criminal proceedings if it appears to the court that he is unable to understand questions put to him as a witness, and give answers to them which can be understood1. The competence of a witness must be determined by the court and it is for the party calling the witness to satisfy the court that, on a balance of probabilities, the witness is competent to give evidence in the proceedings2.

Special measures may be taken where the court considers that the quality of evidence given by a