Victorian Consolidated Legislation

Crimes Act 1958 - SECT 418

Procedure for evidence by accused

418. Procedure for evidence by accused



Upon every trial before a jury for an indictable offence-

   (a)  where the only witness called by the defence is the accused he shall
        be called as a witness immediately after the close of the evidence for
        the prosecution;



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   (c)  in cases not falling within (a)33-



   (i)  the accused may be called as a witness at such stage as he may think
        fit after the close of the evidence for the prosecution and either
        before or after the opening, if any, to the jury of the evidence of
        any witnesses to be called on his behalf34;

   (ii) the accused or, where the accused is defended by a legal practitioner,
        the accused's legal practitioner, is entitled35-

A. to open to the jury the evidence of any witness to be called in support of
the defence (including, where the accused is defended by a legal practitioner,
the evidence of the accused)36; and
B. when all the evidence, if any, for the defence and the final address, if
any, for the prosecution have been concluded, to address the jury for the
purpose of summing up the evidence37;

   (d)  for the purpose of enabling him to determine the proper course of the
        proceedings the presiding judge shall, at the close of the case for
        the prosecution, question the accused's legal practitioner or, if he
        is unrepresented, the accused himself, as to what course the defence
        proposes to follow: and except by leave of the court the defence shall
        not be presented in any manner other than that of which the court has
        been advised in response to such questioning.



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