Can co-defendants testify against each other?

There must be at least two defendants, One defendant’s statements must be used against the other person, and. The defendant making the statement must not testify at trial.

Can an accused give evidence against a co accused?

An admission that constitutes hearsay evidence in terms of the Law of Evidence Amendment Act 45 of 1988 can therefore be used against a co- accused if it is admitted in terms of section 3(1) of that Act.

Can you cross-examine a co accused?

— Under the doctrine cited by the trial court, the testimony of an accused is admissible against his co-accused who may cross-examine him.

What makes a co defendant?

Criminal Cases with Co-Defendants If two or more people have been charged with the same crime, it means that they are now co-defendants. When going through the legal process, they can either have separate trials or have them together, depending on the case.

Are you allowed to be around your co-defendant?

What does co-defendant mean? When you’re arrested with someone else that means you have a co-defendant. At your first appearance the judge is likely to tell you that you aren’t allowed any contact with your co-defendant. That means you can’t talk to one another or be around each other.

What is the role of a co-defendant?

A co-defendant, in any criminal case, is another person who has also been charged by the State or the Government in your case. Often the co-defendant is charged with the same thing as you. You can be charged with more charges or less charges than your co-defendant.

What are extra-curial statements?

An extra-curial statement is any statement made outside the court (extra curiam). What we are concerned with here are statements made by accused persons outside the court, i.e. when they are not giving evidence in court.

Can a written statement be admissible in court?

1 Rule. “Written or oral statements, or communicative conduct made by persons otherwise than in testimony at the proceeding in which it is offered, are inadmissible, if such statements or conduct are tendered either as proof of their truth or as proof of assertions implicit therein.”

What are leading questions in court?

As indicated by the term, a leading question is one that leads a witness to an answer, by either suggesting the answer or by substituting the words of the questioning attorney for those of the witness.

Do co-defendants have the same lawyer?

Co-defendants are generally not allowed to have the same lawyer. The State may want one of you to offer testimony against the other. Or they may try and use statements that one of you made to police against both of you. There could also be an issue of separate trials or your case being tried together.

Can two defendants be tried together?

A joint trial of codefendants (also known as “joinder”) occurs when a judge merges the cases of two or more defendants. Joint trials happen when the issues in the defendants’ cases overlap enough to make a single trial both fair and more efficient.