Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) Every accused person in a criminal proceeding shall be competent, but, subject to this section, not compellable, to give evidence in the proceeding in every Court.
(2) Any person charged with an indictable offence shall not be liable:
(a) to be called as a witness on behalf of the prosecution; or
(b) without the leave of the Judge, to be questioned on cross-examination as to his previous character or antecedents.
(3) The failure of an accused person to give evidence, shall not be made the subject of any comment by the Judge or by counsel for the Crown.
(4) Where 2 or more persons are being tried together before a Judge and jury, and comment is made, by or on behalf of any of them, upon the failure of any of them to give evidence, the Judge may make such observations to the jury in regard to the comment or failure to give evidence as he thinks fit.
(5) The husband or wife of any accused person in a criminal proceeding shall be compellable to give evidence in the proceeding in every Court, either for the prosecution or for the defence, and without the consent of the accused.
(6) A husband or wife shall be competent and compellable to disclose communications made, whether before or after the commencement of this Act, between the husband and the wife during the marriage.
(7) An accused person who is called as a witness shall not be asked, and if asked, shall not be required to answer, any question tending to show that he has committed or been found guilty of or been charged with any offence other than that with which he is then charged, or is of bad character, unless:
(a) the proof that he has committed or been found guilty of such other offence is admissible evidence to show that he is guilty of the offence with which he is then charged; or
(b) he has personally or by his counsel asked questions of the witnesses for the prosecution with a view to establishing his own good character, or has given evidence of his good character, or the nature or conduct of the defence is such as to involve imputations on the character of the prosecutor or the witnesses for the prosecution; or
(c) he has given evidence against any other person charged with the same offence.