Solicitors Qualifying Examination (SQE) Practice Exa\

In what situation can a co-accused be called as a witness?

1. When there are multiple charges against them

2. When they have pleaded guilty

3. If there is a single trial

4. Only if their presence is necessary for the case

The correct answer is: When they have pleaded guilty

A co-accused can be called as a witness when they have pleaded guilty. This is because a guilty plea by the co-accused may lead to a situation where their testimony is relevant to the case, particularly if it could provide information or insights that support the arguments of one of the other parties involved in the trial. Their status as a guilty party generally grants them an immunity or a more lenient standing concerning their testimony, as they have already accepted responsibility for their actions. In contrast, the other options do not sufficiently justify why a co-accused would be called to testify. Multiple charges against a co-accused do not inherently mean their testimony is necessary or relevant for another defendant's case. In the case of a single trial, while it may be easier to manage, it does not provide a basis for compelling a co-accused to testify without further legal provisions. Lastly, the necessity of presence does not alone justify calling a co-accused as a witness; they may not have relevant or admissible evidence to contribute unless they have entered a guilty plea.