(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 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) .