CHAPTER 5
QUESTIONING OF CERTAIN PERSONS IN CONNECTION WITH CRIME, ASCERTAINMENT OF BODILY FEATURES OF ACCUSED AND VICTIM IMPACT STATEMENT

Power and duty of police to question certain persons in connection with crime, and warning explanations to be given in respect thereof

37. (2) A member of the police conducting an investigation under subsection (1) must, before questioning a person reasonably suspected of having committed an offence, give a warning explanation substantially in the following form to that person :

(e) that the person to be questioned not only has the right to remain silent but also has the right to answer questions put to him or her or to give an explanation of his or her conduct or of his or her defence, if any ;

CHAPTER 22
PLEA OF NOT GUILTY AT SUMMARY TRIAL

Plea of not guilty and procedure in regard to issues

128. (1) Where an accused at a summary trial -

the presiding judge or magistrate must, subject to subsection (2), ask the accused whether he or she wishes to make an unsworn statement indicating the basis of his or her defence.

(2) The presiding judge or magistrate must, before taking an unsworn statement from the accused under subsection (1), give the following explanations to the accused :

(a) That the purpose of the unsworn statement is to establish which allegations in the charge are in dispute between the prosecution and the accused so as to curtail the duration of the trial and to decide on the relevance and need for certain evidence and the relevance of certain cross-examination, but that the accused is under no obligation to make such a statement ;
(b) that the court may, whether the accused does or does not make an unsworn statement, question the accused under subsection (3) to establish which allegations in the charge are in dispute, but that the accused is under no obligation to answer any question so put to him or her by the court or to consent to the recording of any admission ;
(c) that the accused has the right not to be compelled to give self-incriminating evidence ;
(d) that, notwithstanding an unsworn statement made by the accused, the State is not relieved of the burden of proving the guilt of the accused beyond reasonable doubt, but that an admission made by the accused and recorded in terms of subsection (3)(b) is sufficient proof of the fact so admitted and relieves the State of the burden of adducing evidence to prove that fact ;
(e) that an unsworn statement by the accused is not considered to be evidence by the accused in substitution of evidence under oath or affirmation after the conclusion of the evidence for the prosecution ;
(f) that should the accused refuse or fail to make an unsworn statement or to answer questions in accordance with subsection (3), cross-examination of State witnesses by or on behalf of the accused may be curtailed by the court on the ground that the relevance of the questions cannot be ascertained in the absence of the disclosure of the basis of the accused’s defence.

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