20 Comment on failure to give evidence (1) This section applies only in a criminal proceeding for an indictable offence. S. 20(2) amended by No. 68/2009 s. 97(Sch. item 55.8). (2) The judge or any party (other than the prosecutor) may comment on a failure of the accused to give evidence. However, unless the comment is made by another accused in the proceeding, the comment must not suggest that the accused failed to give evidence because the accused was, or believed that he or she was, guilty of the offence concerned. (3) The judge or any party (other than the prosecutor) may comment on a failure to give evidence by a person who, at the time of the failure, was— S. 20(3)(a) amended by No. 68/2009 s. 97(Sch. item 55.9(a)). spouse or de facto partner of the accused; or S. 20(3)(b) amended by No. 68/2009 s. 97(Sch. item 55.9(b)). parent or child of the accused. S. 20(4) amended by No. 68/2009 s. 97(Sch. item 55.8). (4) However, unless the comment is made by another accused in the proceeding, a comment of a kind referred to in subsection (3) must not suggest that the spouse, de facto partner, parent or child failed to give evidence because—
20 Comment on failure to give evidence (1) This section applies only in a criminal proceeding for an indictable offence. S. 20(2) amended by No. 68/2009 s. 97(Sch. item 55.8). (2) The judge or any party (other than the prosecutor) may comment on a failure of the accused to give evidence. However, unless the comment is made by another accused in the proceeding, the comment must not suggest that the accused failed to give evidence because the accused was, or believed that he or she was, guilty of the offence concerned. (3) The judge or any party (other than the prosecutor) may comment on a failure to give evidence by a person who, at the time of the failure, was— S. 20(3)(a) amended by No. 68/2009 s. 97(Sch. item 55.9(a)). spouse or de facto partner of the accused; or S. 20(3)(b) amended by No. 68/2009 s. 97(Sch. item 55.9(b)). parent or child of the accused. S. 20(4) amended by No. 68/2009 s. 97(Sch. item 55.8). (4) However, unless the comment is made by another accused in the proceeding, a comment of a kind referred to in subsection (3) must not suggest that the spouse, de facto partner, parent or child failed to give evidence because—
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