Chapter 5 – The Accused and His or Her Presence as a Party

Question 1

What does Section 158(4) of the Criminal Procedure Act (CPA) allow the court to do in relation to children giving evidence ?

Answer 1

• Section 158(4) of the CPA allows the court to make conditions necessary to ensure a fair and just trial when a child gives evidence.
• This includes making the process of giving evidence subject to specific conditions that the court deems necessary, provided that the prosecutor and the accused have the right to question the witness and observe their reaction.

Question 2

What does Section 170A of the CPA provide regarding testimony from a witness, particularly in cases involving children ?

Answer 2

• Section 170A of the CPA allows a witness, including children, to give testimony through an intermediary, usually via CCTV.
• This provision ensures that both the prosecutor and the accused have the right to question the witness and observe their reaction during the testimony.

Question 3

Why are Sections 158(4) and 170A important in the context of children’s testimony in court ?

Answer 3

These sections are crucial because they help ensure the fairness of the trial while protecting the child witness from the trauma of facing the accused directly.