Commonwealth Numbered Acts

EVIDENCE ACT 1995 No. 2 of 1995 - SECT 20

20. (1) This section applies only in a criminal proceeding for an indictable
offence.

(2) The judge or any party (other than the prosecutor) may comment on a
failure of the defendant to give evidence. However, unless the comment is made
by another defendant in the proceeding, the comment must not suggest that the
defendant failed to give evidence because the defendant was, or believed that
he or she was, guilty of the offence concerned.

(3) The judge or any party (other than the prosecutor) may comment on a
failure to give evidence by a person who, at the time of the failure, was:

   (a)  the defendant's spouse or defacto spouse; or

   (b)  a parent or child of the defendant.

(4) However, unless the comment is made by another defendant in the
proceeding, a comment of a kind referred to in subsection (3) must not suggest
that the spouse, de facto spouse, parent or child failed to give evidence
because:

   (a)  the defendant was guilty of the offence concerned; or

   (b)  the spouse, defacto spouse, parent or child believed that the
        defendant was guilty of the offence concerned.

(5) If:

   (a)  2 or more persons are being tried together for an indictable offence;
        and

   (b)  comment is made by any of those persons on the failure of any of those
        persons or of the spouse or de facto spouse, or a parent or child, of
        any of those persons to give evidence; the judge may, in addition to
        commenting on the failure to give evidence, comment on any comment of
        a kind referred to in paragraph (b).