PART X
TRIALS BEFORE THE HIGH COURT
314. The defence
(1) Where the accused elects to give evidence, he 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.
(2) The accused shall thereupon from the witness box, or such other place as the High Court may direct, and upon oath, give his evidence and answer any questions or produce anything lawfully put to, or required of him by the High Court or in cross- examination.
(3) If the accused elects to give evidence and thus becomes a witness in his own defence, but refuses or neglects to —
(a) be sworn ;
(b) give evidence ;
(c) answer any question lawfully put to him by the High Court or in cross-examination ;
(d) produce any document or thing which he is lawfully required to produce,
such refusal or neglect may be commented upon by the prosecution and may be taken into account by the jury in reaching its verdict.
(4) Where an accused elects to call witnesses other than himself, his evidence shall be taken before that of any other witness for the defence.
(5) After the accused and his witness, if any, have been called after the examination, cross- examination and re-examination, if any, the accused or his legal practitioner may sum up his case.
Fair trial standards
Rights during trial - raise defences
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