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Question Details: My husband got a call from a defence lawyer, asking him to provide affidavits for two boys he used to work with. He said he would be paid if he did so, and that it would reduce the boys' sentences. I am sceptical and don't really want my husband to get involved. The lawyer said he would not have to go to court - is this true? Surely being paid to provide a affidavit is not legal?
Filed under Criminal Law | 1355 View(s)
Community Law Wellington & Hutt Valley
The process that your husband has asked to be involved in is quite common in a criminal court sentencing case. In fact, often the information sought is provided simply by a signed letter.
The offer of payment may well be for your husband's time in preparing the affidavit, which might involve liaising over several drafts and then taking the final edition to the Court or to a lawyer to swear it in front of a lawyer or member of the Court staff.
It would be unlikely that the lawyer was offering payment to attempt to influence what your husband may say in this affidavit, as this could be a criminal offence and could also have very serious professional repercussions for the lawyer.
As far as going to Court is concerned (if your husband does provide an affidavit), this will depend on whether the Police accept the evidence in its written form, or whether they instead wish to ask questions (cross examine). If the material is general character support, the Police would be unlikely to dispute it.
As a starting point, if your husband does wish to assist the boys, your husband should ask what the lawyer thinks your husband may be able to offer and what the payment is for. Of course it would also be open to your husband to assist without payment if any concern remains.
Answered 18 Feb 2013. The IMPORTANT NOTICE below is part of this answer.
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