Evidence Act 1929

Every person charged with an offence shall be a competent witness for the defence at every stage of the proceedings, whether the person so charged is charged solely or jointly with any other person: Provided as follows:

a person so charged shall not be called as a witness in pursuance of this Act except upon his own application;

the failure of any person charged with an offence to give evidence shall not be made the subject of any comment by the prosecution;

a person charged and being a witness in pursuance of this Act may be asked any question in cross-examination notwithstanding that it would tend to criminate him as to the offence charged;

a person charged and called as a witness in pursuance of this Act 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—

the evidence to be elicited by the question is admissible as tending to show that he is guilty or not guilty of the offence with which he is charged; or

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

he forfeits the protection of this paragraph by virtue of subsection (2);

he has given evidence against any other person charged with the same offence;

every person called as a witness in pursuance of this Act 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;

nothing herein contained shall affect the provisions of section 110 of the

A defendant forfeits the protection of subsection (1)(d) if—

the nature or conduct of the defence is such as to involve imputations on the character of the prosecutor or a witness for the prosecution; and

the imputations are not such as would necessarily arise from a proper presentation of the defence.

Notwithstanding the provisions of subsection (2), a defendant does not forfeit the protection of subsection (1)(d) by reason of imputations on the character of the prosecutor or a witness for the prosecution arising from evidence of the conduct of the prosecutor or witness—

in the events or circumstances on which the charge is based; or

in the investigation of those events or circumstances, or in assembling evidence in support of the charge; or

in the course of the trial, or proceedings preliminary to the trial.