IEA Section 119 — Witness unable to communicate verbally

Summary

A witness who cannot speak can give evidence in any way that makes it understandable, such as by writing or using signs. This writing or signing must be done in open court, and the evidence given this way is treated as oral evidence. If the witness cannot communicate verbally, the court must use an interpreter or a special educator to help record the statement, and the entire statement must be videotaped.

Official Text

A witness who is unable to speak may give his evidence in any other manner in which he can make it intelligible, as by writing or by signs; but such writing must be written and the signs made in open Court, evidence so given shall be deemed to be oral evidence;


Provided that if the witness is unable to communicate verbally, the Court shall take the assistance of an interpreter or a special educator in recording the statement, and such statement shall be videographed.

Old <-> New Code Mapping

• BSA §125 — Witness unable to communicate verbally