Prosecuting Co-Accuseds

theAwakening

a few questions here for the more informed posters regarding co-accuseds. a previous thread touched on this topic but didn't really go indepth..

can co-accuseds, if willing, be called as state witnesses during their own criminal trials, to give evidence implicating each other, if they made such admissions during earlier garda questioning?

is it a case where the trial judge must simply charge the jury beforehand to be cautious when taking into account a co-accuseds evidence in this respect?

if it's forseeable by the gardai, during the investigation stage, that the evidence of an 'accomplice' would be necessary to secure convictions against remaining co-accuseds at a future trial, would they be instead granted immunity, if willing, on condition that they give evidence for the State (applicable only in the more serious criminal cases of course)? For example, the recent murder case where the State's case was based largely on the evidence of one protected witness ie: the getaway driver in a murder.

what is essentially the limitation on the significance of admissions made by a suspect in custody in identifying & implicating accomplices in a crime. is it a case where gardai can only really use these admissions to establish reasonable cause to then arrest & detain the named accomplices on suspicion of the same crime? does it aid the preliminary investigation moreso than provide a prima-facia case for trial?

i'm aware of the judges rules regarding best practice for the taking of statements from co-suspects during garda investigations, but cannot locate relevant case law regarding the prosecution of such cases.

duplicate, sorry!

Mr Jinx

theAwakening wrote: »

can co-accuseds, if willing, be called as state witnesses during their own criminal trials, to give evidence implicating each other, if they made such admissions during earlier garda questioning?

is it a case where the trial judge must simply charge the jury beforehand to be cautious when taking into account a co-accuseds evidence in this respect?

i'm aware of the judges rules regarding best practice for the taking of statements from co-accuseds during garda investigations, but cannot locate relevant case law regarding the prosecution of such cases.

The state cannot call defendants to give evidence, the can only cross examine them if their own defence choose to put them on the stand.

theAwakening

please see other thread guys sorry

johnnyskeleton

As Mr. Jinx says.

Ag v Joyce [1929] ir 526 and the 1924 criminal evidence act if you want some Casey stuff