FIAC7312 SB2_HOP Approved FINAL
The Schuping test is a two-step test that is used to help the courts decide whether a case against an accused should be discharged. Firstly, an accused must be discharged where the state (at the end of their case) has not provided enough evidence or enough of a connection between the accused and the crime that they are alleged to have committed. In this scenario, an accused could only be convicted if they testified and incriminated themselves.
Secondly, the above approach would not be applicable where there are more than one accused in the trial, and there is a possibility that a co-accused may incriminate one of the other accused. Ultimately, however, it would deny an accused person to their right to a fair trial if they are not discharged, where it is clear that they will not be incriminated by a co-accused.