Australian Capital Territory Numbered Acts

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EVIDENCE ACT 2011 (NO. 12 OF 2011) - SECT 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 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.

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