be called as a witness without the consent of such accused person, except in any case in which such wife or husband is compellable to give evidence, or the charge be one in which either husband or wife is charged with being a party to an offence against the other:

(3.) No such person shall be liable to be called as a witness by the prosecutor, but every such witness called and giving evidence on behalf of the accused shall be liable to be cross-examined like any other witness on any matter though not arising out of his examination-in-chief:

(4.) So far as the cross-examination relates to any previous conviction of the accused, or to the credit of the accused, the Justices may limit such cross-examination to such extent as they think proper, although the proposed cross-examination might be permissible in the case of any other witness.

Evidence of accused when undefended.]-If an accused person, or any one of several accused persons being tried together, is not defended by counsel, then, on the completion of the examination of the witnesses on the part of the prosecution, the following caution, or words to the like effect, shall be addressed to him by or under the direction of the Justices that is to say, "Having heard the evidence against you, do you wish to be called as a witness and give evidence in answer to the charge? You are not obliged to give evidence, and if you decide not to be examined the fact will not be allowed to be subject of comment; but, if you are called, the evidence you give may be used against you."

No adverse comment allowed.]—If a person charged with an offence shall refrain from giving evidence, or from calling his wife or her husband, as the case may be, as a witness, no comment adverse to the person charged shall be allowed to be made thereon.1

1 See ante, p. 18.

QUEENSLAND.

THE CRIMINAL LAW AMENDMENT ACT, 1892. 56 VICT. No. 3.

Passed 21st July, 1892.
Came into operation on passing.

3. Competency of accused person and wife or husband.]— Every person accused of an indictable offence, and the wife or husband, as the case may be, of every such accused person, shall be a competent witness on his or her behalf, but shall not be compellable to be a witness without his or her consent.

Any accused person tendering himself or herself as a witness shall be liable to cross-examination as in other

cases.

Nothing in this section shall render any person compellable to answer any question tending to criminate himself or herself with respect to any matter other than the offence for which he or she is being tried, and on the trial of which he or she tenders himself or herself as a witness.

SOUTH AUSTRALIA.

45 & 46 VICT. No. 245.

Passed 30th August, 1882.
Came into operation on passing.

An Act to enable Persons accused of Offences to give Evidence on Oath.

Preamble.-Whereas it is expedient to enable persons accused of offences to give evidence on oath. Be it therefore enacted by the Governor of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said province, in this present Parliament assembled, as follows:

1. Accused persons may give evidence on oath.]-Notwithstanding any law or ordinance to the contrary, from and after the passing of this Act any person accused of any felony, misdemeanor, or other indictable offence, or of any offence punishable on summary conviction, shall, if such person so desires, be competent and entitled to be sworn and give evidence as a witness on the trial of the felony, misdemeanor, or offence with which he is charged, and also in like manner may give evidence on any preliminary 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.1

1 See ante, p. 18.

2. Evidence to be taken, and may be used against accused person.]-Should such person give evidence on any preliminary investigation, the evidence so given shall be taken down in writing, and signed by the person giving the same, and also by the Justice or Justices, and shall be forwarded

to the Attorney-General, together with the depositions of the witnesses, and afterwards upon 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 or Justices purporting to sign the same did not in fact sign the same.

3. Interpretation.]-The word "person," whenever used in this Act, shall mean as well the person charged as the husband or wife of such person.

4. Right of reply.]-The Crown shall not be entitled to the right of reply by reason only of such person having given evidence.1

1 See ante, p. 36.

5. Persons giving evidence may be cross-examined.]—Any person so giving evidence 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 and punished for any perjury committed in such evidence in the same way as any other person 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, as the case may be.

THE EVIDENCE FURTHER AMENDMENT
ACT, 1888.

51 & 52 VICT. No. 435.

Passed 8th December, 1888.

Came into operation on passing.

2. Restriction of cross-examination.]-In any action, suit, or other proceeding in any Court of Justice, whether civil or criminal, the Judge, Commissioner, Stipendiary or Special Magistrate, or Justice of the Peace presiding in such Court, may disallow any questions put in cross-examination of

any party or other witness which may appear to him to be vexatious and not relevant to any matter proper to be inquired into in the cause, matter, or proceeding then before such Court.

3. Questions relevant to credibility.]—In deciding whether questions affecting the credibility of a witness are relevant, or ought to be allowed, the Court shall have regard to the following considerations :

(a) Such questions are proper if they are of such a nature that the truth of the imputation conveyed by them would seriously affect the opinion of the Court as to the credibility of the witness on the matter to which he testifies :

(b) Such questions are improper if the imputation which they convey relates to matters so remote in time, or of such a character, that the truth of the imputation would not affect, or would affect in a slight degree, the opinion of the Court as to the credibility of the witness on the matter to which he testifies : (c) Such questions are improper if there is a great disproportion between the importance of the imputation made against the witness's character and the importance of his evidence.

4. Appeal.]-There shall be an appeal from the disallowance by any Justice or Justices of the Peace of any question put in cross-examination as aforesaid; which appeal shall be to the nearest Local Court of Full Jurisdiction, or, at the option of the appellant, to the Local Court of Adelaide of Full Jurisdiction, and the proceedings on such appeal shall be conducted in manner, &c. .