(a) Nothing in this section may be construed to abrogate Rule 601 of the Virgin Islands Rules of Evidence.
(b) A child is presumed to be competent.
(c) A competency examination of a child witness may be conducted by the court only upon written motion and offer of proof of incompetency by a party.
(d) A competency examination regarding a child may be conducted only if the court determines, on the record, that compelling reasons exist. A child’s age alone is not a compelling reason to conduct a competency examination.
(e) The only persons who may be permitted to be present at a competency examination are:(1) the judge;(2) the attorney for the Government;(3) the defendant’s attorney;(4) a court reporter; and(5) persons whose presence, in the opinion of the court, is necessary to the welfare and well-being of the child, including the child’s attorney, guardian ad litem, or adult attendant.
(1) the judge;
(2) the attorney for the Government;
(3) the defendant’s attorney;
(4) a court reporter; and
(5) persons whose presence, in the opinion of the court, is necessary to the welfare and well-being of the child, including the child’s attorney, guardian ad litem, or adult attendant.
(f) A competency examination regarding a child witness must be conducted out of the sight and hearing of a jury.
(g) The court must conduct the competency examination on the basis of questions submitted by the attorney for the Government, the defendant’s attorney, including a party acting as an attorney pro se. The court may permit an attorney, but not a party acting as an attorney pro se, to examine a child directly on competency if the court is satisfied that the child will not suffer emotional trauma as a result of the examination.
(h) The questions asked at the competency examination of a child must be appropriate to the age and developmental level of the child, must not be related to the issues at trial, and must focus on determining the child’s ability to understand and answer simple questions.
(i) Psychological and psychiatric examinations to assess the competency of a child witness may not be ordered without a showing of compelling need.