Lawadvanced
Explain why the accused person’s competency to testify does not mean that the accused must testify.
Answer
Competency means the accused is legally able to give evidence, including for their own defence. Compellability concerns whether the accused can be required to testify. The notes state that the accused may not be called except on their own application and that failure to testify is not subject to prosecution comment.
Explanation
This is a direct application of the distinction between competency and compellability. The accused can choose to give evidence, but the notes do not make that choice compulsory. **Key takeaway:** The accused’s legal ability to testify is separate from any duty to do so. **Glossary:** Competent: legally able to testify. Compellable: legally required to testify.
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