South Australian Current Acts South Australian Current Acts (1) A person is
presumed to be capable of giving sworn evidence in any proceedings unless the
judge determines that the person does not have sufficient understanding of the
obligation to be truthful entailed in giving sworn evidence.
(2) If the judge
determines that a person does not have sufficient understanding of the
obligation to be truthful entailed in giving sworn evidence, the judge may
permit the person to give unsworn evidence provided that—
(a) the
judge—
(i)
is satisfied that the person understands the difference
between the truth and a lie; and
(ii)
tells the person that it is important to tell the truth;
and
(b) the
person indicates that he or she will tell the truth.
(3) In determining a
question under this section, the judge is not bound by the rules of evidence,
but may inform himself or herself as the judge thinks fit.
(4) If
unsworn evidence is given under this section in a criminal trial, the
judge—
(a) must
explain to the jury the reason the evidence is unsworn; and
(b) may,
and if a party so requests must, warn the jury of the need for caution in
determining whether to accept the evidence and the weight to be given to it.
(5) A justice to whom
it appears that a person who desires to lay a complaint or information does
not have sufficient understanding of the obligation to be truthful entailed in
giving sworn evidence may ascertain by inquiry the subject matter of the
complaint or information and reduce it into the appropriate form, and any
action or proceedings may be taken on the complaint or information in all
respects as if the complainant or informant had deposed to the truth of the
contents on oath or affirmation.
(6) Subject to this
Act, this section does not apply to a statement made outside of a court
admitted as evidence in any proceedings under an exception to the rule against
hearsay at common law or under this Act.