CHAPTER 28
CONDUCT OF PROCEEDINGS

Cross-examination and re-examination of witnesses

187. (1) An accused may cross-examine any witness called on behalf of the prosecution at criminal proceedings or any co-accused who testifies at criminal proceedings or any witness called on behalf of that co-accused at criminal proceedings, and the prosecutor may cross-examine any witness, including an accused, called on behalf of the defence at criminal proceedings, and a witness called at such proceedings on behalf of the prosecution may be re-examined by the prosecutor on any matter raised during the cross-examination of that witness, and a witness called on behalf of the defence at such proceedings may likewise be re-examined by the accused.

(2) The prosecutor and the accused may, with the leave of the court, examine or cross-examine any witness called by the court at criminal proceedings.

(3) (a) If it appears to the court that any cross-examination contemplated in this section is being protracted unreasonably and thereby causing the proceedings to be delayed unreasonably, the court may request the cross-examiner to disclose the relevancy of any particular line of examination and may impose reasonable limits on that cross-examination regarding the length thereof or regarding any particular line of examination.

(b) The court may order that any submission regarding the relevancy of the cross-examination be heard in the absence of the witness.

(4) Notwithstanding subsections (1) and (2) or anything to the contrary in any other law contained but subject to section 193, the presiding judge or magistrate may, during the cross-examination of a witness under the age of 14 years, either restate the questions put to that witness or, in his or her discretion, simplify or rephrase those questions.

CHAPTER 28
CONDUCT OF PROCEEDINGS

Parties may examine witness

195. Any party to proceedings in which a commission is issued under section 194, may -

(a) transmit interrogatories in writing which the court issuing the commission may consider relevant to the issue, and the magistrate to whom the commission is issued, must examine the witness on such interrogatories ; or
(b) appear before the magistrate to whom the commission is issued, either by a legal practitioner or, in the case of an accused who is not in custody or in the case of a private prosecutor, in person, and examine the witness.

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