PART VII - COMMITTAL OF ACCUSED PERSONS TO THE SUPREME COURT FOR TRIAL

163 Charge to be read over to accused

At the commencement of a preliminary inquiry the Court shall read over and explain to the accused the charge in respect of which the inquiry is being held, and shall explain to him that he will have an opportunity later on in the inquiry of making a statement if he so desires, and shall further explain to him the purpose of the proceedings, namely to determine whether there is sufficient evidence to put him on his trial by the Supreme Court.

PART VII - COMMITTAL OF ACCUSED PERSONS TO THE SUPREME COURT FOR TRIAL

168 Provisions as to taking statement or evidence of accused person

(1) If, after the prosecutor has adduced his evidence and closed his case, the Court considers that on the evidence as it stands there are sufficient grounds for committing the accused for trial, it shall satisfy itself that the accused understands the charge and shall ask the accused whether he wishes to give evidence on oath, to make an unsworn oral statement, to tender a written statement in accordance with section 166 or to refrain from doing any of these things. The Court shall also explain to the accused that he is not bound to give evidence or to make or tender any statement and that, if he does so, his evidence or statement may be made part of the evidence at the trial, if he is committed for trial.

(2) Everything which the accused says, either by way of sworn evidence or unsworn oral statement, shall be recorded in full inrecorded in full in English and shall be shown or read over to him, and he shall be at liberty to explain or add to anything contained in the record thereof. When the whole is made conformable to what he declares is the truth, the record shall be attested by the magistrate having charge of the proceedings who shall certify that the sworn evidence or the unsworn oral statement was given, or made, in his presence and hearing and contains accurately the whole evidence given or unsworn oral statement made, as the case may be, by the accused. The accused shall be required by the Court to sign, or attest by his mark, such record. If he refuses, the Court shall add a note of his refusal and the record may be used as if he had signed or attested it.

(3) Where the accused tenders a statement made by him in writing in accordance with section 166 of this Act the provisions of that section shall apply mutatis mutandis, with the exception of those contained in paragraphs (c) and (d) of subsection (2) and in subsection (4).

PART VII - COMMITTAL OF ACCUSED PERSONS TO THE SUPREME COURT FOR TRIAL

169 Evidence and address in defence

(1) Immediately after complying with the requirements of section 168 relating to the evidence or unsworn oral statement of the accused, and whether the accused has or has not made or tendered a statement or given evidence, the Court shall ask him whether he desires to call any witness on his own behalf or to tender any written statement by any person other than himself in accordance with section 166 of this Act.

PART VIII - PROCEDURE IN TRIALS BEFORE THE SUPREME COURT

200 Evidence or statement of accused at preliminary inquiry

The evidence or statement, if any, given or made by the accused and duty recorded in the preliminary inquiry, and whether signed by the accused or not, and any written statement tendered by or on behalf of the accused at the inquiry may be tendered in evidence by the prosecutor without further proof thereof, unless it is proved that the magistrate who is purported to have signed the statement or evidence did not in fact sign it.

PART VIII - PROCEDURE IN TRIALS BEFORE THE SUPREME COURT

201 Close of case for prosecution

Where the evidence of the witnesses for the prosecution has been concluded and any written statements and depositions properly tendered in support of the prosecution case have been admitted, and the evidence or statement, if any, of the accused taken in the preliminary inquiry has, if the prosecutor wishes to tender it, been tendered in evidence, the Court :

(b) if it considers that a case is made out against the accused or any one or more of several accused in respect of any offence charged or any other offence of which he may lawfully be convicted on the trial of that offence, shall inform every such accused of his right to address the Court, either personally or by his barrister and solicitor or pleader, if any, and to give evidence on his own behalf or to make an unsworn statement or to refrain from doing either of these things and to call witnesses, or tender statements under the provisions of section 146, in his defence ; and in all cases the Court shall require him, or his barrister and solicitor or pleader if any, to state whether he intends to call any witnesses as to fact other than the accused himself. If the accused says that he does not intend to give evidence or make an unsworn statement or to adduce evidence, then the prosecutor, or the barrister and solicitor or pleader conducting the prosecution, may sum up the case against him. If the accused says that he intends to give evidence or make an unsworn statement, or to adduce evidence, the Court shall call upon him to enter upon his defence.

PART VIII - PROCEDURE IN TRIALS BEFORE THE SUPREME COURT

202 The defence

The accused, or his barrister and solicitor or pleader if any, may open his case, stating the facts or law on which he intends to rely and making such comments as he thinks necessary on the evidence for the prosecution. The accused may then give evidence or make an unsworn statement on his own behalf and he, or his barrister and solicitor or pleader if any, may examine his witnesses, if any, and after their cross-examination, re-examine them, and may tender written statements in accordance with the provisions of section 146 of this Act. At the close of the accused's case, he or his barrister and solicitor or pleader if any, may sum up his case.

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:
(h) To make an unsworn oral or written statement in his or her defence