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Evidence Act 2006

Trial process - Eligibility and compellability

73: Compellability of defendants and associated defendants in criminal proceedings

You could also call this:

"You can't be forced to testify against yourself in court, and some people connected to your case can't be forced to testify against you either."

Illustration for Evidence Act 2006

In a criminal trial, you are not forced to be a witness for either side if you are the defendant. You can't be made to give evidence for or against yourself. If someone is connected to your case, they are not forced to give evidence for or against you either.

If the connected person, called an associated defendant, is being tried separately from you, they can be forced to give evidence. They can also be forced to give evidence if their own case has already been finished. Their case is finished if the charges against them have been dropped, or if they have been found not guilty, or if they have been sentenced.

An associated defendant is someone who is being prosecuted for a crime related to the same events as your crime, or for a crime that is connected to yours. This means they are involved in a similar case to yours. You can find more information about the Evidence Amendment Act 2011 which amended part of this law.

When a case is finished, it means the person has been sentenced, found not guilty, or had their charges dropped. This is important because it affects whether they can be forced to give evidence in your case. It's all about making sure people are treated fairly in court.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393698.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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72: Eligibility of Judges, jurors, and counsel, or

"Who can and can't give evidence in a court case, like judges, jurors, and lawyers."

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74: Compellability of Sovereign and certain other persons, or

"Some important people can't be forced to give evidence in court"

Part 3Trial process
Eligibility and compellability

73Compellability of defendants and associated defendants in criminal proceedings

  1. 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—

  3. the associated defendant is being tried separately from the defendant; or
    1. the proceeding against the associated defendant has been determined.

      1. A proceeding has been determined for the purposes of subsection (2) if—

      2. the proceeding has been stayed or the charge against the associated defendant has been withdrawn or dismissed; or
        1. the associated defendant has been acquitted of the offence; or
          1. the associated defendant, having pleaded guilty to, or having been found guilty of, the offence, has been sentenced or otherwise dealt with for that offence.

            1. In this section, associated defendant, in relation to a defendant in a criminal proceeding, means a person against whom a prosecution has been instituted for—

            2. an offence that arose in relation to the same events as did the offence for which the defendant is being prosecuted; or
              1. an offence that relates to, or is connected with, the offence for which the defendant is being prosecuted.

                Notes
                • Section 73(3)(a): amended, on , by section 5 of the Evidence Amendment Act 2011 (2011 No 89).