17Competence and compellability—accused in criminal proceedings

17 Competence and compellability—accused in criminal proceedings (1) This section applies only in a criminal proceeding. S. 17(2) amended by No. 68/2009 s. 97(Sch. item 55.2). (2) An accused is not competent to give evidence as a witness for the prosecution. S. 17(3) amended by No. 68/2009 s. 97(Sch. item 55.3). (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(4) amended by No. 68/2009 s. 97(Sch. item 55.4). (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). Note ***Associated accused*** is defined in the Dictionary.