Section 17Part 2 — Youth Courts and Proceedings with Respect to Young Persons
Evidence of young persons
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17. (1) This section applies where, in proceedings against any person for an offence, a young person is called as a witness who does not, in the opinion of the court, understand the nature of an oath.
In proceedings to which this section applies the evidence of a young person who does not understand the nature of an oath may be given if —
in the opinion of the court, that person is possessed of sufficient intelligence to justify the reception of the evidence; and
he understands the duty of speaking the truth.
The evidence of a young person given under subsection (2), though not given on oath but otherwise reduced into writing, shall be deemed to be a deposition for the purposes of this and any other law.
Repealed by section 2 of the Youth Justice (Amendment) Act, 2020 [Law 32 of 2020].
Where a young person wilfully gives false evidence under subsection (2) in such circumstances that that person would, if this evidence had been given on oath, have been guilty of perjury, that person is guilty of an offence and liable on conviction on indictment to the same punishment as if that person had committed perjury.