'Rights during trial - raise defences' in document 'Bahamas - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER 91

PART V
PROVISIONS RELATING TO PRELIMINARY INQUIRIES INCLUDING THE USE OF EXPERT DOCUMENTARY EVIDENCE THEREAT AND IN OTHER CRIMINAL PROCEEDINGS

118. A magistrate conducting a preliminary inquiry shall, at the commencement of such inquiry, read over and explain to the accused person the charge in respect of which the inquiry is being held and shall explain to the accused person that he will have an opportunity later on in the inquiry, if he so desires, of making a statement or calling witnesses (or both) and shall further explain to the accused person the purpose of the proceedings, namely, to determine whether there is sufficient evidence to put him on his trial before the Supreme Court.

CHAPTER 91

PART VIII
PROCEDURE IN TRIALS BEFORE MAGISTRATES' COURTS

204. (1) At the close of the evidence in support of the charge, if it appears to the court that a case is made out against the accused person sufficiently to require him to make a defence, the court shall again explain the substance of the charge to the accused and shall inform him that he has a right to give evidence on oath from the witness box and that, if he does so, he will be liable to cross-examination, or to make a statement not on oath from the dock, in which case he will not be liable to cross- examination; and the court shall ask him whether he has any witnesses to examine or other evidence to adduce in his defence, and shall then hear the accused and his witnesses (if any).

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:
(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