17Competence 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 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)](#GS17@Gs3@EN) .