PART IX – PROCEDURE IN TRIALS BEFORE THE HIGH COURT

CASE FOR THE PROSECUTION

306. Close of case for prosecution

(2) When the evidence of the witnesses for the prosecution has been concluded, the court, if it considers that there is evidence that the accused person or any one or more of several accused persons committed the offence, shall inform each such accused person of his right to address the court, either personally or by his advocate (if any), to give evidence on his own behalf, or to make an unsworn statement, and to call witnesses in his defence, and in all cases shall require him or his advocate (if any) to state whether it is intended to call any witnesses as to fact other than the accused person himself ; and upon being informed thereof, the judge shall record the fact.

PART IX – PROCEDURE IN TRIALS BEFORE THE HIGH COURT

CASE FOR THE DEFENCE

307. Defence

The accused person or his advocate may then 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 person may then give evidence on his own behalf and he or his advocate may examine his witnesses (if any), and after their cross- examination and re-examination (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:
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute