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CRIMINAL PROCEDURE ACT 2009 - SECT 68 Election when accused is not legally represented

CRIMINAL PROCEDURE ACT 2009 - SECT 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—

S. 68(1)(a)(i) amended by No. 6/2018 s. 68(Sch. 2 item 38.1).

              (i)     to give sworn or affirmed 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

S. 68(1)(b) amended by No. 6/2018 s. 68(Sch. 2 item 38.1).

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

S. 69 (Heading) amended by No. 68/2009 s. 49(b).