18Compellability of spouses and others in criminal proceedings generally

18 Compellability of spouses and others in criminal proceedings generally (1) This section applies only in a criminal proceeding. S. 18(2) amended by No. 68/2009 s. 97(Sch. item 55.5(a)). (2) A person who, when required to give evidence, is the spouse, de facto partner, parent or child of an accused may object to being required— (a) to give evidence; or S. 18(2)(b) amended by No. 68/2009 s. 97(Sch. item 55.5(b)). (b) to give evidence of a communication between the person and the accused— as a witness for the prosecution. (3) The objection is to be made before the person gives the evidence or as soon as practicable after the person becomes aware of the right so to object, whichever is the later. (4) If it appears to the court that a person may have a right to make an objection under this section, the court is to satisfy itself that the person is aware of the effect of this section as it may apply to the person. (5) If there is a jury, the court is to hear and determine any objection under this section in the absence of the jury. (6) A person who makes an objection under this section to giving evidence or giving evidence of a communication must not be required to give the evidence if the court finds that— S. 18(6)(a) amended by No. 68/2009 s. 97(Sch. item 55.6). (a) there is a likelihood that harm would or might be caused (whether directly or indirectly) to the person, or to the relationship between the person and the accused, if the person gives the evidence; and (b) the nature and extent of that harm outweighs the desirability of having the evidence given. (7) Without limiting the matters that may be taken into account by the court for the purposes of subsection (6), it must take into account the following— S. 18(7)(a) amended by No. 68/2009 s. 97(Sch. item 55.7). (a) the nature and gravity of the offence for which the accused is being prosecuted; (b) the substance and importance of any evidence that the person might give and the weight that is likely to be attached to it; (c) whether any other evidence concerning the matters to which the evidence of the person would relate is reasonably available to the prosecutor; S. 18(7)(d) amended by No. 68/2009 s. 97(Sch. item 55.7). (d) the nature of the relationship between the accused and the person; S. 18(7)(e) amended by No. 68/2009 s. 97(Sch. item 55.7). (e) whether, in giving the evidence, the person would have to disclose matter that was received by the person in confidence from the accused. (8) If an objection under this section has been determined, the prosecutor may not comment on— (a) the objection; or (b) the decision of the court in relation to the objection; or (c) the failure of the person to give evidence.