Accused forced to testify?

Our man in Havana

Can an accused person be forced to be a witness against himself? Can the state call him as a witness at his own trial?

jblack

Tough examination in chief.

ResearchWill

No the accused in Ireland has an absolute right not to give evidence at his own trial. While there are some exceptions to the general right to remain silent, at trial the accused can not be forced into the box.

Good info here http://www.citizensinformation.ie/en/justice/witnesses/who_can_be_forced_to_be_a_witness.html

BornToKill

Section 1A of the Criminal Justice (Evidence) Act 1924 (as inserted by s. 33(b) of the Criminal Procedure Act 2010) provides that an accused may be compellable to give evidence at the instance of the prosecution on his previous convictions or bad character in certain limited circumstances.

These include where the accused has adduced evidence involving imputations on the character of the alleged victim or of a prosecution witness or evidence of the his own good character. As far as I am aware, this provision has not yet been tested for constitutionality.

johnnyskeleton

BornToKill wrote: »

Section 1A of the Criminal Justice (Evidence) Act 1924 (as inserted by s. 33(b) of the Criminal Procedure Act 2010) provides that an accused may be compellable to give evidence at the instance of the prosecution on his previous convictions or bad character in certain limited circumstances.

These include where the accused has adduced evidence involving imputations on the character of the alleged victim or of a prosecution witness or evidence of the his own good character. As far as I am aware, this provision has not yet been tested for constitutionality.

I'm not sure that it goes that far. My reading of it, and I accept it is not clear, is that if the person is called by the defence they can be asked questions about their conduct, or if they are not then the prosecution may ask any questions of other persons. It is not expressed to be notwithstanding of section 1(a) so it would appear, on one reading anyway, that the right to be only compellable at the accused's instance remains undisturbed.

It would also appear to be arguable that to read it otherwise, i.e. that the accused is compellable at the instance of the prosecution, would be unconstitutional.

It would also seem that where the prosecution are able to call their own witness e.g. a garda to give evidence of convictions then this would be the fairest way to deal with the issue.

I guess it remains to be seen how it is interpreted and it possibly does permit an accused person to be called by the prosecution, but one would hope that it is interpreted in a reasonable manner.