Commonwealth Consolidated Acts

EVIDENCE ACT 1995 - SECT 17

             (1)  This section applies only in a criminal proceeding.

             (2)  A defendant is not competent to give evidence as a witness for the prosecution.

             (3)  An associated defendant is not compellable to give evidence for or against a defendant in a criminal proceeding, unless the associated defendant is being tried separately from the defendant.

             (4)  If a witness is an associated defendant who is being tried jointly with the defendant in the proceeding, the court is to satisfy itself (if there is a jury, in the jury's absence) that the witness is aware of the effect of subsection (3).

Note:          Associated defendant is defined in the Dictionary.