Western Australian Current Acts Western Australian Current Acts (1) Except as in this
Act it is otherwise provided, every person charged with an offence shall be a
competent but not a compellable witness at every stage of the proceedings
whether the person so charged is charged solely or jointly with any other
person: Provided as follows —
(a) a
person so charged shall not be called as a witness except upon his own
application;
[(b) deleted]
(c) the
failure of any person charged with an offence to give evidence shall not be
made the subject of any comment by the prosecution;
(d) a
person charged and being a witness in pursuance of this section may be asked
any question in cross-examination, notwithstanding that it would tend to
criminate him as to the offence charged;
(e) a
person charged and called as a witness in pursuance of this section shall not
be asked, and if asked shall not be required to answer, any question tending
to show that he has committed or been convicted of or been charged with any
offence other than that wherewith he is then charged, or is of bad character,
unless —
(i)
the proof that he has committed or been convicted of such
other offence is admissible in evidence to show that he is guilty of the
offence wherewith he is then charged; or
(ii)
he has personally, or by his advocate, asked questions of
the witnesses for the prosecution with a view to establish his own good
character, or has given evidence of his good character, or the nature or
conduct of the defence is such as to involve imputations on the character of
the prosecutor or the witnesses for the prosecution or a person who died as a
result of the offence wherewith he is then charged; or
(iii)
he has given evidence against any other person charged
with the same offence;
(f) when
paragraph (e)(ii) or (iii) is or becomes applicable to any person charged who
gives evidence for the defence, it shall be open to the prosecution, or to any
other person charged against whom he has given evidence, to call evidence,
that such person is of bad character or has been convicted of or charged with
any offence other than that with which he then stands charged, notwithstanding
that the case for the prosecution or of such other person charged may already
have been closed;
(g)
every person called as a witness in pursuance of this section shall, unless
otherwise ordered by the court, give his evidence from the witness box or
other place from which the other witnesses give their evidence.
[(2) deleted]
[Section 8 amended: No. 16 of 1913 s. 2; No. 48 of
1991 s. 6; No. 71 of 2000 s. 4; No. 27 of 2002 s. 30; No. 84 of 2004 s. 41.]