Section 17 — Evidence Act 1995 (Cth)

(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.

Related sections

• s 14 — Compellability: reduced capacity
• s 15 — Compellability: Sovereign and others
• s 16 — Competence and compellability: judges and jurors
• s 18 — Compellability of spouses and others in criminal proceedings generally
• s 20 — Comment on failure to give evidence
• s 21 — Sworn evidence of witnesses to be on oath or affirmation

Research how courts apply s 17

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.