Victorian Current Acts

EVIDENCE ACT 2008 - SECT 17

    (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.