PART VI
PROCEDURE IN TRIALS BEFORE MAGISTRATES' COURTS

The defence
196. (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).

(2) If the accused person states that he has witnesses to call but that they are not present in court, and the court is satisfied that the absence of such witnesses is not due to any fault or neglect of the accused person, and that there is a likelihood that they could, if present, give material evidence on behalf of the accused person, the court may adjourn the trial and issue process, or take other steps, to compel the attendance of such witnesses.

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


Evidence and address in defence
214. (1) Immediately after complying with the requirements of section 213 relating to the statement or evidence of the accused person, and whether the accused person has or has not made a statement or given evidence, the magistrates’ court shall ask him whether he desires to call witnesses on his own behalf.

(2) The magistrates' court shall take the evidence of any witnesses called by the accused person in like manner as in the case of witnesses for the prosecution, and every such witness, not being merely a witness to the character of the accused person, shall be bound by recognisance to appear and give evidence at the trial of such accused person.

(3) If the accused person states that he has witnesses to call, but that they are not present in court, and the magistrates’ court is satisfied that the absence of such witnesses is not due to any fault or neglect of the accused person, and that there is a likelihood that they could, if present, give material evidence on behalf of the accused person, the magistrates’ court may adjourn the inquiry and issue process, or take other steps, to compel the attendance of such witnesses, and on their attendance shall take their depositions and bind them by recognisance in the same manner as witnesses under subsection (2).

(4) In any preliminary inquiry under this Part the accused person or the advocate or other person defending him shall be at liberty to address the court-

(a) after the reading over of the statements of witnesses 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, as the case may be;

(b) if no witnesses for the defence are to be called, immediately after the statement or evidence of the accused person;

(c) if the accused person elects-

(i) to give evidence or to make a statement and witnesses for the defence are to be called, or

(ii) not to give evidence or to make a statement, but to call witnesses,

immediately after the evidence of such witnesses.

(5) If the accused person or the advocate or other person defending him addresses the court in accordance with the provisions of paragraph (a) or (c) of subsection (4) the prosecution shall have the right to reply.

PART VIII
PROCEDURE IN TRIALS BEFORE THE HIGH COURT ON INFORMATION

The defence
257. The accused person or the advocate or other person defending him may then open his case, stating the facts or law on which he 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.


Additional witnesses for the defence
258. The accused person shall be allowed to examine any witness not previously bound over to give evidence at the trial if such witness is in attendance; and if he apprehends that any such witness will not attend the trial voluntarily, he shall be entitled to apply for the issue of process to compel such witness's attendance:

Provided that no accused person shall be entitled to any adjournment to secure the attendance of any witness unless he shows that he could not by reasonable diligence have taken earlier steps to obtain the presence of 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