194.Section 56 provides that anyone who is competent to be a witness but not allowed to give evidence on oath may give evidence unsworn. At present, a person aged 14 or over who cannot be sworn is not allowed to give evidence at all. Section 57 describes the penalties for giving false unsworn evidence.
195.Subsection (5) of section 56 provides that convicted offenders will not be successful if they appeal against their convictions solely on the ground that a witness gave evidence unsworn when it should have been sworn.
Commentary on Sections Part II: Giving of evidence or information for purposes of criminal proceedings Chapter V: Competence of witnesses and capacity to be sworn Sections 56 and 57: Unsworn evidence