Victorian Numbered Acts

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EVIDENCE ACT 2008 (NO. 47 OF 2008) - 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 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 defendant is defined in the Dictionary.



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