Solicitors Qualifying Examination (SQE) Practice Exa\

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Are co-defendants competent to be witnesses in court?

No, they cannot testify
Yes, but only if they are not facing any charges
Yes, they are competent but not compellable
Only if they testify against each other

The correct answer is: Yes, they are competent but not compellable

Co-defendants are generally considered competent witnesses in court. The correct understanding is that they can provide testimony about the case, but crucially, their testimony is not necessarily compelable. This means that while they have the legal right to testify if they choose to do so, they cannot be forced to give evidence. In the legal context, competence refers to whether a witness is legally allowed to testify, whereas compellability relates to whether a witness can be compelled to testify against their will. In many jurisdictions, co-defendants can refuse to testify under certain circumstances, particularly if they risk self-incrimination or if their testimony could lead to penalties. This highlights the complexity in a trial setting, particularly with multiple defendants involved. Their ability to remain silent or to refuse to take the stand can be strategic in protecting their legal interests. The option that identifies them as competent but not compellable accurately reflects this legal principle.