Evidence Act 2011

This section applies only in a criminal proceeding.

A defendant is not competent to give evidence as a witness for the prosecution.

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.

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.