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EVIDENCE ACT 1995 - SECT 17 Competence and compellability: defendants in criminal proceedings

EVIDENCE ACT 1995 - SECT 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.