COMPELLABILITY

Question 1

Exceptions to Section 71 of the Evidence Act 2006 - Eligibility and compellability for judges, jurors and counsel.

Answer 1

Under section 72, a person who is acting as a judge in a proceeding is not eligible to give evidence in that proceeding.
Unless the judge gives permission, a person acting as a a juror or counsel in a proceeding is ineligible to give evidence in that proceeding.
If the jurors is give permission to give evidence, he or she would be discharged from the jury and the trial would proceed with the eleven remaining jurors.
A defendant who acts as his or her own counsel will not need judicial permission to testify.

Question 2

Exceptions to Section 71 of the Evidence Act 2006 - Defendant not compellable and when an associated defendant is compellable.

Answer 2

A defendant in a criminal proceeding is not a compellable witness for the prosecution or the defence in that proceeding.

2) An associated defendant is not compellable to give evidence for or against a defendant in a criminal proceeding unless -
a) the associated defendant is being tried separately from the defendant; or
b) the proceeding against the associated defendant has been determined.

Question 3

Eligibility and compellability in a civil or criminal proceeding - who can be compelled to give evidence?

Answer 3

1) In a civil or criminal proceeding -
a) any person is eligible to give evidence; and
b) a person who is eligible to give evidence is compellable to give that evidence.