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Evidence Act 2011
17Competence and compellability—defendants in criminal
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17 Competence and compellability—defendants in criminal
(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 in a criminal proceeding 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 must 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 defendant—see the dictionary.