'Rights during trial - remain silent' in document 'Cook Islands - Criminal Procedure Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

COOK ISLANDS - CRIMINAL PROCEDURE ACT 1980-81

PART I - PROCEDURE FOR PROSECUTION OF OFFENCES

71. Caution to defendant when undefended - Where any defendant who is not defended by counsel or agent pleads not guilty, the Court shall cause to be given to him, before the evidence for the prosecution is heard, the following directive:

"When the evidence against you has been heard, you will be asked whether you wish to give evidence yourself or to call witnesses. You are not obliged to give or call evidence, and, if you do not, that fact will not be allowed to be the subject of any comment; but if you do, the evidence given may be used against you ."

RELEVANT ROME STATUTE PROVISIONS

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence