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Section history

Section 291 — Accused not to give evidence except on oath or affirmation

Consolidated view is experimental and may be broken for certain provisions.

Amendments
291.Accused not to give evidence except on oath or affirmation

(1)In all criminal proceedings except a committal hearing, the accused may not give evidence except on oath or affirmation, and if hethe accused does so, hethe accused is liable to cross-examination.cross‑examination.

(2)An accused who is not represented by an advocate has the right to address the court without being sworn or affirmed in circumstances where, if hethe accused were so represented, the advocate could address the court on histhe accused’s behalf.

(3)If an accused —

(a)after being called by the court to give evidence or after hethe accused or the advocate representing himthe accused has informed the court that hethe accused will give evidence, refuses to be sworn or affirmed; or

(b)having been sworn or affirmed, without good cause refuses to answer any question,

the court, in deciding whether the accused is guilty of the offence, may draw such inferences from the refusal as appear proper.

(4)This section does not compel the accused to give evidence on histhe accused’s own behalf, and hethe accused will not be guilty of contempt of court if hethe accused refuses to be sworn or affirmed in the circumstances of subsection (3)(a).

(5)For the purposes of this section, an accused who, having been sworn or affirmed, refuses to answer a question shall beis taken to do so without good cause unless —

(a)hethe accused is entitled to refuse to answer by section 122(4) of the Evidence Act (Cap. 97)1893 or another written law or on the ground of privilege; or

(b)the court excuses himthe accused from answering it.

(6)Subsection (3) does not apply to an accused if it appears to the court that histhe accused’s physical or mental condition makes it undesirable for him or her to be called on to give evidence.