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Act index » Chapter 2 - Adducing evidence » Part 2.1 - Witnesses » Division 1 - Competence and compellability of witnesses
17 Competence and compellability—accused in criminal proceedings
(1)This section applies only in a criminal proceeding.
(2)An accused is not competent to give evidence as a witness for the prosecution.
S. 17(2) amended by No. 68/2009 s. 97(Sch. item 55.2).
(3)An associated accused is not compellable to give evidence for or against an accused in a criminal proceeding, unless the associated accused is being tried separately from the accused.
S. 17(3) amended by No. 68/2009 s. 97(Sch. item 55.3).
(4)If a witness is an associated accused who is being tried jointly with the accused 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).
S. 17(4) amended by No. 68/2009 s. 97(Sch. item 55.4).