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Evidence Act 2006

Admissibility rules, privilege, and confidentiality - Veracity and propensity - Evidence of veracity

39: Evidence of co-defendant’s veracity

You could also call this:

"Questioning a co-defendant's honesty in court: what you need to do"

Illustration for Evidence Act 2006

If you are a defendant in a criminal case, you can give evidence that questions the honesty of a co-defendant, but only if the evidence is relevant to your defence and the Judge says you can. You need to show the Judge that the evidence is relevant to your defence, and the Judge must agree to let you give that evidence. The Judge's decision is important in this situation.

If you want to give evidence that questions the honesty of a co-defendant, you must tell them and all other co-defendants in writing that you plan to give that evidence. You must do this unless all co-defendants agree that you do not have to tell them, or the Judge decides it is not necessary for the sake of justice. This notice is a way of informing the co-defendants about the evidence you want to give.

When you give notice, you must include what the evidence is and give the co-defendants enough time to respond to it. This means you must tell them what you plan to say and give them time to think about how they will respond. The notice must be given in sufficient time to be fair to all co-defendants.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393627.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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38: Evidence of defendant’s veracity, or

"Can the court talk about how honest you are if you're the defendant?"

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40: Propensity rule, or

"A rule about using past behaviour as evidence in court"

Part 2Admissibility rules, privilege, and confidentiality
Veracity and propensity: Evidence of veracity

39Evidence of co-defendant’s veracity

  1. A defendant in a criminal proceeding may offer evidence that challenges the veracity of a co-defendant only if—

  2. the evidence is relevant to a defence raised or proposed to be raised by the defendant; and
    1. the Judge permits the defendant to do so.

      1. A defendant in a criminal proceeding who proposes to offer evidence that challenges the veracity of a co-defendant must give notice in writing to that co-defendant and every other co-defendant of the proposal to offer that evidence unless the requirement to give notice is waived by—

      2. all the co-defendants; or
        1. the Judge in the interests of justice.

          1. A notice must—

          2. include the contents of the proposed evidence; and
            1. be given in sufficient time to provide all the co-defendants with a fair opportunity to respond to that evidence.