SQE Practice Exam 2026 – Complete Preparation Guide

A co-accused can be called as a witness primarily when there are separate trials for the defendants. In separate trials, each defendant has the opportunity to present their case independently, and a co-accused may provide testimony that is relevant to the defense or the case in general. The separate nature of the proceedings allows for this cooperation, as the potential conflicts of interest that might arise during a joint trial do not exist.

In contrast, in a joint trial, the presence of a co-accused may complicate matters such as the right to silence and the potential for prejudicial implications. Each defendant's right to a fair trial can be jeopardized by the testimony of a co-accused who may have a differing narrative or might implicate others in their defense strategy. Therefore, separate trials create a more conducive environment for one co-accused to take the stand as a witness for another.

Other scenarios listed, such as being a close relative of the defendant or the co-accused pleading guilty or being acquitted, do not inherently grant the right to call a co-accused as a witness. While judicial authorization could facilitate this in certain contexts, it does not universally allow for the calling of a co-accused as a