'Rights during trial - raise defences' in document 'Papua New Guinea - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

SCHEDULE 1 – THE CRIMINAL CODE.

PART VIII. – PROCEDURE.

Division 4. – Trial: Adjournment: Pleas: Practice.

570. DEFENCE OF ACCUSED.

(1) A person charged with an offence is entitled to make his defence at his trial and to have the witnesses examined and cross-examined by his lawyer.

(2) A person charged with an offence may, by leave of the court, have his defence conducted by another person who is not a lawyer.

SCHEDULE 1 – THE CRIMINAL CODE.

PART VIII. – PROCEDURE.

Division 4. – Trial: Adjournment: Pleas: Practice.

572. EVIDENCE IN DEFENCE.

(1) At the close of the evidence for the prosecution, the proper officer of the court shall ask the accused person or his counsel whether the accused intends to adduce evidence in his defence or whether he desires to make a statement to the court before he or his counsel addresses the court.

(2) Whether or not the accused intends to adduce evidence in his defence he is entitled to make a statement to the court.

(3) When the accused makes a statement to the court he shall make the statement at the close of the evidence for the prosecution and before adducing any evidence in his defence.

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