Section 149Part 10 — Miscellaneous
Effect of accused's silence at trial
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149. (1) At the trial of any person for an offence subsections (2) and (3) apply unless —
the accused’s guilt is not in issue; or
it appears to the court that the physical or mental condition of the accused makes it undesirable for the accused to give evidence, but subsection (2) does not apply if, at the conclusion of the evidence for the prosecution, the accused’s attorney-at-law informs the court that the accused will give evidence or, where the accused is unrepresented, the court ascertains from the accused that that accused will give evidence.
Where this subsection applies, the court shall, at the conclusion of the evidence for the prosecution, satisfy itself (in the case of proceedings on indictment with a jury, in the presence of the jury) that the accused is aware that the stage has been reached at which evidence can be given for the defence and that the accused can, if that accused wishes, give evidence and that, if that accused chooses not to give evidence, or having been sworn, without good cause refuses to answer any question, it will be permissible for the court or jury to draw such inferences as appear proper from the accused’s failure to give evidence or the accused’s refusal, without good cause, to answer any question.
Where this subsection applies, the court or jury, in determining whether the accused is guilty of the offence charged, may draw such inferences as appear proper from the failure of the accused to give evidence or the accused’s refusal, without good cause, to answer any question.
This section does not render the accused compellable to give evidence on the accused’s own behalf, and the accused shall accordingly not be guilty of contempt of court by reason of a failure to do so.
For the purposes of this section a person who, having been sworn, refuses to answer any question shall be taken to do so without good cause unless —
that person is entitled to refuse to answer the question by virtue of any Law, whenever enacted or made, or on the ground of privilege; or
the court in the exercise of its general discretion excuses that person from answering it.
This section applies —
in relation to proceedings on indictment for an offence, only if the person charged with the offence is arraigned on or after the commencement of this section; and
in relation to proceedings in a Magistrates’ court, only if the time when the court begins to receive evidence in the proceedings falls after the commencement of this section.
Referenced By
- Section 152 — Interpretation of certain references in sections 148, 149, 150 and 151
Reference to section 149