Protection of Witnesses Act 1875 (WA)

39 VICTORIIE. No. 6

Evidence

WESTERN AUSTRALIA

ANNO TRIGESIMO NONO

VICTORUP, REGINiE

No. 6

An Act to further amend the Administration of Justice.

[Assented to 21st December, 1875.

HEREAS it is expedient for the due administration of justice Preamble

WCourt should be compellable to speak the truth and the whole truth,that persons called as witnesses in any trial in the Supreme

and should not be able to excuse themselves from so doing by alleging that the answer to any question put to them will criminate or tend to criminate them : Bo it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows :—

1. This Act may be cited for all purposes as The Protection of short title

Witnesses Act, 1875?

2. Whenever in any action, suit or proceeding before the Supreme Witnessee to be

Court, any person called as a witness or to answer any interrogatory cal°,11geellareptg.,

shall decline to answer any question or interrogatory on the ground that though they may

his answer will criminate or tend to criminate him, it shall be lawful for tittle Itelinm'

the Chief Justice, if it appears to him expedient for the ends of justice

that such person should be compelled to answer such question or

interrogatory, to tell such person that, if he answers such question or

interrogatory and other questions or interrogatories that may be put to

him, in a satisfactory manner, he will grant him the certificate hereinafter

mentioned ; and thereupon such person shall no longer be entitled to

refuse to answer any question or interrogatory on the ground that his

answer will criminate or tend to criminate him ; and thereafter if Ana to he en-

such person shall have given his evidence to the satisfaction of the Chief tati

Justice, the Chief Justice shall give such person a certificate to the having done so	regrareeolre
effect that he was called as a witness or interrogated in the said action, suit or proceeding, that his evidence was required for the ends of justice, and was given to his satisfaction.

3. After such person shall have received such certificate, if any such certificate indictment, information, action or proceeding of a penal character be at Nabredlatt

any time thereafter pending against him in any Court in respect of any prosecution

matter touching which he has been examined as aforesaid, it shall be lawful for him to plead in bar of such indictment, information, action or proceeding that the matters charged against him therein arose before the date of such certificate and were matters touching which he had been examined as aforesaid, and that at the close of such his examination the Chief Justice had granted him a certificate as aforesaid : Provided always, that nothing herein contained shall make such certificate pleadable in bar of any indictment or information brought against such person for perjury committed in such action, suit or proceeding as aforesaid.

WILLIAM C. F. ROBINSON,

GOVERNOR.