CHAPTER THREE
Procedure

PART IV
SUMMARY PROCEEDINGS

Sub-Part A - Trial of Summary Offences

Adjournment or Immediate Trial Hearing after Adjournment

Notice of defence to complainant
704.— (1) Where the defendant intends to plead and give evidence of a special defence, he or she shall give written notice of such defence to the complainant, with any information which might be of material assistance to the complainant including any information in the possession of the defendant, relating to witnesses the defendant intends to call in support of the special defence.

(2) Where the defendant intends to plead and give evidence of an alibi, he or she shall give notice of such alibi to the complainant with particulars as to time and place and of the witnesses by whom he or she proposes to prove it, before the examination of the first witness for the prosecution commences.

(3) The complainant on being given a notice under subsection (1) shall, if he or she so desires, be entitled to an adjournment of the case.


Case and evidence for complainant
705. If the defendant does not admit the truth of the complaint, the Court shall proceed to hear the complainant and such other evidence as he or she may adduce in support of his or her complaint.


Caution to undefended defendant
706. Where the defendant is not represented by counsel, on the completion of the examination of the witnesses on the part of the pros-ecution, the following caution or words to the like effect shall, before he or she is called as a witness, be addressed to him or her by or under the direction of the Court:
“Having heard the evidence against you, do you wish to be called as a witness and give evidence in answer to the complaint? You are not obliged to give evidence unless you wish, but if you are called, the evidence you give will be evidence in the case.”


Case and evidence for defendant
707. The Court shall also hear the defendant and any witnesses as he or she may call and such other evidence as he or she may adduce, in his or her defence.

CHAPTER THREE
Procedure

PART VI
INDICTABLE TRIALS

SUB-PART A
THE TRIAL

Objections

Special Defence
864. (1) Where the accused intends to plead a special defence, he or she shall give written notice of such defence to the Director of Public Prosecutions or the private prosecutor, with any information which might be of material assistance to the prosecution including any information in the possession of the defence, relating to witnesses the defence intends to call in support of the special defence.

(2) Where the accused intends to plead an alibi, he or she shall give written notice of such alibi to the Director of Public Prosecutions or the private prosecutor, with particulars as to time and place and of the witnesses by whom it is proposed to prove it, and the prosecutor on being given the notice, if he so desires, shall be entitled to an adjournment of the case, if the Court is of opinion that he or she has not had sufficient length of notice.

CHAPTER THREE
Procedure

PART VI
INDICTABLE TRIALS

SUB-PART A
THE TRIAL

Hearing and Verdict

Defence Counsel to declare intentions
915. If an accused person, or any one of several accused persons being tried together, is defended by counsel, such counsel shall, at the end of the case for the prosecution, declare whether he or she intends to adduce evidence or not on behalf of the accused person for whom he or she appears.

CHAPTER THREE
Procedure

PART VI
INDICTABLE TRIALS

SUB-PART A
THE TRIAL

Reply for the Prosecution

Defence by counsel and caution to undefended accused
916. (2) Where an accused person is not defended by counsel, then, on the completion of the examination of the witnesses on the part of the prosecution, the Judge shall inform him or her, or cause him or her to be informed, of his or her right to address the jury and to give evidence on his or her own behalf or to remain silent, and also of his or her right to call witnesses in his or her defence.


Opening of case and examining witnesses for defence
917. At every trial for an indictable offence, the accused or his or her counsel shall be entitled to open his or her case, and after the conclusion of such opening, the accused or his or her counsel shall be entitled to examine such witnesses as he or she thinks fit, and when all the evidence is concluded, to sum up the evidence by way of an address to the jury.

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