Evidence

Character witnesses: - you can be called as a character witness in certain situations, including

 To give evidence about the good character of the accused in a criminal case. You will
take the oath or affirmation and you will then be asked a series of questions that allow
you to describe the accused, the purpose of your evidence is to show that the accused is
less likely to have committed the offence because they are a person of good character.
 To give evidence about the good character of a person who has already been convicted
of a criminal offence is to help the judge decide which sentence to impose.
 To give evidence about the good the good or bad character of a person in a civil trial if
that person’s character is an important issue in the case, for example, I a defamation
case if a newspaper stated that someone was a liar, you may be called to give evidence
about an incident you saw that shows that the person in question was dishonest.
 You will take the oath or affirmation and then you will be asked a series of questions
 That allow you describe what you know of the person’s character. You will then be
cross-examined by the other side.
The co-accused
Sometimes two or more people can be charged with a criminal offence and they are
tried at the same time. In this situation, the people being tried are called the “co-
accused “you cannot be forced to give evidence against a co-accused if you are both
being tried in the same proceedings. However, if the prosecution refuses to offer any
evidence against you and you are found not guilty, then you can be forced to testify
against a co-accused.
The spouse of the accused
If you are the spouse of the accused you can only be forced to give evidence for the
defense or the prosecution if:-
 The offence in question is of violence or the threat of violence to you, your child or the
accused’s child or a person under 17 ( includes an adopted child or a child for whom you
are acting in loco parentis)
 The offence is a sexual offence in relation to your child, the accused’s child or a person
under 17(includes an adopted child or a child for whom you are acting in loco parentis)
 The offence consists of trying to or helping to commit either of the two offences above.
 Former spouses of the accused
You are a former spouse if you are divorced from the accused, or if you have a judicial
separation or a separation agreement with the accused. If you are a former spouse you
can be forced to testify for the defense or the prosecution about offences that were
committed since your separation.
However, you cannot be forced to give evidence against the accused about offences
that were committed when you were still married, unless:-
 The offence in question is of violence or the threat of violence to you, your child or the
accused’s child or a person under 17 ( includes an adopted child or a child for whom you
are acting in loco parentis)
 The offence is a sexual offence in relation to your child, the accused’s child or a person
under 17(includes an adopted child or a child for whom you are acting in loco parentis)
 The offence consists of trying to or helping to commit either of the two offences above.