Victorian Consolidated Legislation

Evidence Act 2008 - SECT 17

Competence and compellability-defendants in criminal proceedings

17. Competence and compellability-defendants in criminal proceedings



(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.