Accused Persons Evidence Act 1882 (SA)

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SEXTO

No. 245.

An Act to cnable Persons Accused of Offences to give

IEiIvidence on Oath.

HEREAS it is expedient to enable persons accused of offences Preurnhle.

Governor of the Province of South Australia, with thc advice and

W to give evidence on oath-Be it therefore Enacted by thr

consent of the Legislative Council and House of Assembly of the

stid province, in this present Pitrlianient assembled, as follows:

1. Notwithstanding any law or ordinance to the contrary, from A c m s ~ a ~ c l * s o n s ~ ~

give evidence on oat. K

and after tire passing of this Act any person accused of any felony,

inisdemcanor, or other indictable offence, or of any offence punish- able on summary conviction, shall, if such person so desires, be competent and entitled to be sworn and give evidence as a witrless oil thc trial of the felony, rnisdemeanor, or offence with w l h h hc is charged, and also in like manner may give evidence on any pre- liminary investigation into the said felony, misdemeanor, or offence, before Justices prior to the said trial: Provided that no presumption of guilt shall be made from the fact of such person electing not to give evidence.

person- gether with the depositions of the witncsses, and akerwerds ipon the

2, Should such per son give evidence on any preliminary inves- Evichce to he taken*

tigation, the evidence so given shall be taken down in writing, and ,,imt,,.,,,a and may be used

signed by the person giving the same, and also by the Justice or

45' & 46' VICTORIA!, NO. 245.

Accused Persons Evidence Act.-1882.

the trial of any accused person, the same may be given in evidence

against him without further proof, unless it shall be proved that the Justice ox Justices purporting to sign the same did not in fact

sign the same.

Interpretation. 3.

The word person whenever used in this Act shall mean as well the person charged as the husband or wife of such person.

Right of reply. 4. The Crown shall not be entitled to the right of reply by reason

only of such person h a ~ i n g given evidence.

Persons giving evi-

dence may he	5. Any person so giving evidencc shall be liable to be cross- examined as in the case of any other witness, and shall not be excused from answering any question on the ground that the answer may tend to criminate himself, and shall be liable to be prosecuted
examined.
and punished for any perjury committed in such evidence in the
same way as any other now or heretofore competent to be examined as a witness: Provided always, any husband or wife of any accused person so giving evidence as aforesaid shall be excused from answering any question on the ground that the answer may tend to criminate himself or herself, a6 the case may be.

In the name and on behalf of Her Majesty, I hcrcby assent to

this Bill.

WM. F. URUMMONL) JEXVOIS, Governor..

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Adelaide : By authority, E. SPILLER, Government Printer, North-termce.