Victorian Consolidated Legislation

Criminal Procedure Act 2009 - SECT 68

Election when accused is not legally represented

68. Election when accused is not legally represented



(1) If the accused is not represented by a legal practitioner, immediately
after the close of the case for the prosecution the Magistrates' Court must
inform the accused, in a manner that is likely to be understood by the accused
that-

   (a)  the accused has the right to answer the charge and must choose either-

   (i)  to give sworn evidence, that is, to enter the witness box, take the
        oath or make an affirmation and say what the accused wants to say in
        answer to the charge and then to respond to any questions from the
        prosecution or the court about the evidence of the accused; or

   (ii) to say nothing in answer to the charge; and

   (b)  in either case, the accused may call any witnesses to give sworn
        evidence for the accused.

(2) After giving the information referred to in subsection (1), the
Magistrates' Court must ask the accused what the accused wants to do.