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In force2021 Revised Edition
Contents

Chapter XXII

221. Case for prosecution to be explained by Court to accused

(1)

At every trial or inquiry, if and when the Court calls upon the accused for his defence, it shall inform and explain to him that he may, if he wishes -

(a)

make an oath or affirmation and give evidence on his own behalf in the witness box upon which he is liable to be cross-examined; or

(b)

remain silent, and that he may in any case call such witnesses on his behalf as he considers fit.

(2)

The Court may also in its discretion, which shall be exercised with due regard to any previous exercise of its discretion under section 220, direct the attention of the accused to such of the evidence of the prosecution which appears to the Court to call for an explanation from the accused.

(3)

(Deleted).

(4)

The foregoing provisions of this section do not apply if the accused is defended by an advocate.

(5)

The fact that the accused does not give evidence on oath or affirmation may be made the subject of any adverse comment by the prosecution, and the Court may draw such inference therefrom as it thinks just.