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

291.—(1) In all criminal proceedings, the accused may not give evidence except on oath or affirmation, and if the accused does so, the accused is liable to cross‑examination.[19/2018]

(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 the accused were so represented, the advocate could address the court on the accused’s behalf.

(3) If an accused —(a)

after being called by the court to give evidence or after the accused or the advocate representing the accused has informed the court that the 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 the accused’s own behalf, and the accused will not be guilty of contempt of court if the 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 is taken to do so without good cause unless —(a)

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

(b)

the court excuses the accused from answering it.

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

—(1) In all criminal proceedings, the accused may not give evidence except on oath or affirmation, and if the accused does so, the accused is liable to cross‑examination.[19/2018]

(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 the accused were so represented, the advocate could address the court on the accused’s behalf.

(3) If an accused —(a)

after being called by the court to give evidence or after the accused or the advocate representing the accused has informed the court that the 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 the accused’s own behalf, and the accused will not be guilty of contempt of court if the 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 is taken to do so without good cause unless —(a)

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

(b)

the court excuses the accused from answering it.

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