Category: Criminal Procedure
WHAT IS THE PROCEDURE FOR DISCHARGING A PERSON AS A STATE WITNESS?
1. Before resting its case, the prosecution should file a motion to discharge the accused as a state witness with his consent
2. The court will require the prosecution to present evidence and the sworn statement of the proposed state witness at a hearing in order to support the discharge
3. The court will determine if the requisites of giving the discharge are present. Evidence adduced in support of the discharged shall automatically form part of the trial
4. If the court is satisfied, it will discharge the state witness. The discharge is equivalent to an acquittal, unless the witness later fails or refuses to testify
5. The court denies the motion for discharge, his sworn statement shall be inadmissible as evidence