Tuvalu

Criminal Procedure Code

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


213 Provisions as to taking statement or evidence of accused person

(1) If, after consideration of the statements of witnesses tendered to it 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 (1) as the case may be, the court considers that such statements disclose, or on the evidence as it stands there are sufficient grounds for committing the accused for trial, the magistrate shall satisfy himself that the accused understands the charge and shall ask the accused whether he wishes to make a statement in his defence or not and, if he wishes to make a statement, whether he wishes to make it on oath, or not; and the magistrate shall also explain to the accused that he is not bound to make a statement and that his statement, if he makes one, will be part of the evidence at the trial.

Keywords

Rights during trial - unsworn oral or written statement in defence



EDIT.