Section 96 - Privilege of an accused

(1) The accused in a criminal action shall not be called as a witness and shall not be compelled to testify except on the application of the accused.

(2) Except as otherwise provided in this Act, an accused who testifies in a criminal action testifies on behalf of the accused, and is subject to examination in the same manner as any other witness.

(3) An accused in a criminal action does not have a privilege to refuse to submit to physical examination by the Court, or the tribunal of fact, or to refuse to do an act in the presence of the Court or tribunal for the purpose of identification other than to testify.

(4) Where an accused in a criminal action does not testify on behalf of the accused, the Court, the prosecution and the defence may comment upon the accused’s failure to testify, and the tribunal of fact may draw a reasonable inference from the failure to testify.