PART VII
PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT
Evidence and address in defence
214. (1) Immediately after complying with the requirements of section 213 relating to the statement or evidence of the accused person, and whether the accused person has or has not made a statement or given evidence, the magistrates’ court shall ask him whether he desires to call witnesses on his own behalf.
(2) The magistrates' court shall take the evidence of any witnesses called by the accused person in like manner as in the case of witnesses for the prosecution, and every such witness, not being merely a witness to the character of the accused person, shall be bound by recognisance to appear and give evidence at the trial of such accused person.
(3) If the accused person states that he has witnesses to call, but that they are not present in court, and the magistrates’ court is satisfied that the absence of such witnesses is not due to any fault or neglect of the accused person, and that there is a likelihood that they could, if present, give material evidence on behalf of the accused person, the magistrates’ court may adjourn the inquiry and issue process, or take other steps, to compel the attendance of such witnesses, and on their attendance shall take their depositions and bind them by recognisance in the same manner as witnesses under subsection (2).
(4) In any preliminary inquiry under this Part the accused person or the advocate or other person defending him shall be at liberty to address the court-
(a) after the reading over of the statements of witnesses 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, as the case may be;
(b) if no witnesses for the defence are to be called, immediately after the statement or evidence of the accused person;
(c) if the accused person elects-
(i) to give evidence or to make a statement and witnesses for the defence are to be called, or
(ii) not to give evidence or to make a statement, but to call witnesses,
immediately after the evidence of such witnesses.
(5) If the accused person or the advocate or other person defending him addresses the court in accordance with the provisions of paragraph (a) or (c) of subsection (4) the prosecution shall have the right to reply.
Fair trial standards
Rights during trial - examine witnesses
Rights during trial - raise defences
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