Nauru

Criminal Procedure Act 1972

PART VII - COMMITTAL OF ACCUSED PERSONS TO THE SUPREME COURT FOR TRIAL

168 Provisions as to taking statement or evidence of accused person

(1) If, after the prosecutor has adduced his evidence and closed his case, the Court considers that on the evidence as it stands there are sufficient grounds for committing the accused for trial, it shall satisfy itself that the accused understands the charge and shall ask the accused whether he wishes to give evidence on oath, to make an unsworn oral statement, to tender a written statement in accordance with section 166 or to refrain from doing any of these things. The Court shall also explain to the accused that he is not bound to give evidence or to make or tender any statement and that, if he does so, his evidence or statement may be made part of the evidence at the trial, if he is committed for trial.

(2) Everything which the accused says, either by way of sworn evidence or unsworn oral statement, shall be recorded in full inrecorded in full in English and shall be shown or read over to him, and he shall be at liberty to explain or add to anything contained in the record thereof. When the whole is made conformable to what he declares is the truth, the record shall be attested by the magistrate having charge of the proceedings who shall certify that the sworn evidence or the unsworn oral statement was given, or made, in his presence and hearing and contains accurately the whole evidence given or unsworn oral statement made, as the case may be, by the accused. The accused shall be required by the Court to sign, or attest by his mark, such record. If he refuses, the Court shall add a note of his refusal and the record may be used as if he had signed or attested it.

(3) Where the accused tenders a statement made by him in writing in accordance with section 166 of this Act the provisions of that section shall apply mutatis mutandis, with the exception of those contained in paragraphs (c) and (d) of subsection (2) and in subsection (4).

Keywords

Fair trial standards
Rights during trial - unsworn oral or written statement in defence



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