Victorian Consolidated Legislation

Evidence Act 1958 - SECT 26

Exceptions as to criminal cases

26. Exceptions as to criminal cases

Nothing herein contained shall render any person who in any criminal
proceeding is charged with the commission of any indictable offence or any
offence punishable on summary conviction competent or compellable to give
evidence for or against himself; or (except as hereinafter mentioned) shall
render any person compellable to answer any question tending to criminate
himself, or shall in any criminal proceeding render any husband or former
husband competent or compellable to give evidence for or against his wife or
former wife or any wife or former wife competent or compellable to give
evidence for or against her husband or former husband: Provided that nothing
in this section shall affect or limit the provisions of the Crimes Act 1958
whereby in the circumstances there set out a person charged or his wife or
former wife or her husband or former husband (as the case may be) may be
called as a witness in a criminal proceeding7.