PART VI - PROCEDURE IN TRIALS BEFORE MAGISTRATES’ COURTS

196 The defence

(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, and shall ask him whether he has any witnesses to examine or other evidence to adduce in his defence, and the court shall then hear the accused and his witnesses and other evidence (if any).

PART VII - PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT


213 Provisions as to taking statement or evidence of accused person

(1) If, after consideration of the statements of witnesses tendered to it in accordance with the provisions of section 209 (1) (b) or the examination of witnesses called on behalf of the prosecution in accordance with the provisions of section 210 (1) as the case may be, the court considers that such statements disclose, or on the evidence as it stands there are sufficient grounds for committing the accused for trial, the magistrate shall satisfy himself that the accused understands the charge and shall ask the accused whether he wishes to make a statement in his defence or not and, if he wishes to make a statement, whether he wishes to make it on oath, or not; and the magistrate shall also explain to the accused that he is not bound to make a statement and that his statement, if he makes one, will be part of the evidence at the trial.

PART VIII - PROCEDURE IN TRIALS BEFORE THE HIGH COURT ON INFORMATION

255 Statement of accused

The statement or evidence (if any) of the accused person duly recorded by or before the committing magistrate, and whether signed by the accused person or not, may be given in evidence without further proof thereof, unless it is proved that the magistrate purporting to sign the statement or evidence did not in fact sign it.

PART VIII - PROCEDURE IN TRIALS BEFORE THE HIGH COURT ON INFORMATION

257 The defence

The accused person or the advocate or other person defending him may then open his case, stating the facts or law on which be intends to rely, and making such comments as he thinks necessary on the evidence for the prosecution; and the accused person may then give evidence on his own behalf and he or the advocate or other person defending him 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:
(h) To make an unsworn oral or written statement in his or her defence