Document ID: chunk:federal_register_of_legislation:C2021C00472:section:17
Version: federal_register_of_legislation:C2021C00472
Segment Type: section
Provision Reference: s 17
Character Range: 27558–28268

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.