Nauru

Criminal Procedure Act 1972

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

169 Evidence and address in defence

(1) Immediately after complying with the requirements of section 168 relating to the evidence or unsworn oral statement of the accused, and whether the accused has or has not made or tendered a statement or given evidence, the Court shall ask him whether he desires to call any witness on his own behalf or to tender any written statement by any person other than himself in accordance with section 166 of this Act.

(2) The Court shall take the evidence of any witnesses called by the accused, or receive any written statement tendered in accordance with section 166 of this Act, in like manner as in the case of the evidence adduced by the prosecutor and that evidence and statement shall beshall be deemed to be depositions.

(3) If the accused states that he has any witness to call but that he is not present in court, and the Court is satisfied that the absence of that witness is not due to any fault or neglect of the accused and that there is a likelihood that he could, if present, give material evidence on behalf of the accused, the Court may adjourn the inquiry in order to enable the evidence of that witness to be taken or his statement to be tendered under section 166 of this Act and may issue process, or take other steps, tosteps, to compel the attendance of that witness.

(4) In any preliminary inquiry under this Part, the accused, or his barrister and solicitor or pleader if any, shall be at liberty to address the Court :

(a) if no witnesses for the defence are to be called and the accused does not give evidence or make or tender any statement, at the close of the prosecutor's case ;
(b) if no witnesses for the defence are to be called but the accused gives evidence or makes or tenders a statement, immediately after the evidence or statement of the accused person has been taken or received ; or
(c) if the accused calls any witnesses for the defence or tenders the written statements of any witnesses, immediately after the evidence of those witnesses has been taken or their statements received.

(5) If the accused, or his barrister and solicitor or pleader if any, addresses the Court in accordance with the provisions of subsection (4) of this section, the prosecutor shall have a right to reply.

Keywords

Fair trial standards
Rights during trial - examine witnesses
Rights during trial - raise defences



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