This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.
applies only to criminal proceedings for indictable offences. It permits certain comment by the judge or any party (other than the prosecutor) on a failure by a defendant, his or her spouse or de facto partner or child, to give evidence. Any such comment, however, (except when made by a co-defendant) must not suggest that the failure to give evidence was because the defendant was guilty of the offence concerned, or believes himself or herself to be guilty of the offence. If such comment is made by or on behalf of a co-defendant, the judge may comment on both the failure to give evidence and the co- defendant's comment. Division 2—Oaths and affirmations