Tasmanian Numbered Acts

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EVIDENCE ACT 2001 (NO. 76 OF 2001) - SECT 17

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 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).


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