When must the presiding judge tell a witness about the right to refuse to testify, and which witnesses does that duty reach?
General information · Not legal advice
Material to check
In a practice file, read the witness list and the questions put to each witness, the trial transcript's note of what the presiding judge said before questioning began, and the witness's stated relationship or duty showing whether the refusal provisions reach that witness.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading ties the duty to the witness's own situation: where a witness falls within the Criminal Procedure Act's provisions allowing refusal of testimony, the presiding judge must explain, before examination, that the witness may refuse, and the duty arises from the witness's status or duty rather than from any request.
Another reading notes that the provision turns on the witness 'falling under' those provisions, yet says nothing about how that is to be known, who decides it, or what follows if the explanation was not given, so the record must show both the judge's words and the facts putting the witness within the refusal provisions.
Your judgment
If the transcript shows no explanation before questioning began, how could a party show whether the witness in fact fell within the refusal provisions?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change when the explanation must be given or to state a consequence of omitting it, or if a court decision rules on the effect of testimony taken without that explanation.