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Evidence Act 2006

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

42: Propensity evidence about co-defendants

You could also call this:

"Talking about what a co-defendant has done before in your defence"

Illustration for Evidence Act 2006

If you are a defendant in a criminal case, you can talk about something a co-defendant has done before, but only if it is relevant to your defence and the Judge says you can. You need to tell the co-defendant and any other co-defendants about this before you do it, unless they all agree you don't have to or the Judge says it's not necessary for a fair trial. When you tell them, you must include what you want to say about the co-defendant and give them enough time to respond to what you are saying.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393632.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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41: Propensity evidence about defendants, or

"When defendants share past behaviour to help their case in court"

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43: Propensity evidence offered by prosecution about defendants, or

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

42Propensity evidence about co-defendants

  1. A defendant in a criminal proceeding may offer propensity evidence about a co-defendant only if—

  2. that 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 propensity evidence about 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—

      2. by all the co-defendants; or
        1. by 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.