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Competence and Witness Testimony of Defendants in Criminal Cases, Lecture notes of Law of Evidence
The competence and role of defendants as witnesses in criminal cases, focusing on the legal framework in the uk. It covers the defendant's right to silence under the criminal evidence act 1898 and its amendments, as well as the implications of a defendant's decision to remain silent or refuse to answer questions. The document also mentions a notable court case, cowan gayle and ricciardi [1996] qb 373, which addressed the issue of drawing inferences from a defendant's silence.
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Defendant as a witness for the defence
D is competent originally by s. 1 Criminal Evidence Act 1898 now in s53(1) YJCEA 1999
D is not compellable,
(a) (^) '' ..A person so charged shall not be called as a witness in pursuance of this Act except on his own application.”
s1 effectively confers on D a right to silence slightly eroded now by
s 35 Criminal Justice And Public Order Act 1994
(2) “ if he chooses not to give evidence, or having been sworn, without good cause refuses to answer any question, it will be permissible for the court or jury to draw such inferences as appear proper from his failure to give evidence or his refusal, without good cause, to answer any question.”
(4) “does not render accused compellable to give evidence on his own behalf ”
Cowan Gayle and Ricciardi [1996]
QB 373 -appeals allowed for failure to instruct jury that they could not infer guilt solely from silence
and that a D had a right to silence.
Judicial Studies Board's specimen jury direction on s35.